Tag Archives: Tribunals

Home Office wins against Turkish wife killer in Court of Appeal 

KD v Secretary of State for the Home Department [2026] EWCA Civ 349 (23 March 2026) In these proceedings, the Court of Appeal has allowed the SSHD’s appeal against the Upper Tribunal’s decision to uphold the First-tier Tribunal’s decision to … Continue reading →

Posted in Asylum, Automatic Deportation, Court of Appeal, Deportation, Human Rights, Turkey | Tagged , , , , , | Leave a comment

The label on the tin is obviously important: AI hallucinations and false authorities in the Upper Tribunal

R (Munir) v SSHD (AI hallucinations; supervision; Hamid) [2026] UKUT 81 (IAC) (17 November 2025) In this case, the Upper Tribunal (Judges Lindsley, Keith and Blundell) made a series of observations about the use of Artificial Intelligence (“AI”) and gave … Continue reading →

Posted in AI, Cases, Evidence, Hamid, Judicial Review, Removals, Skilled Worker, Tribunals | Tagged , , , , , , | Leave a comment

Upper Tribunal refuses costs because proceedings only existed “in the realm of politics and not in the realm of law”  

IX, R (On the Application Of) v Secretary of State for the Home Department (Judicial Review; costs) [2025] UKUT 154 (IAC) (23 April 2025) The Upper Tribunal (Swift J, UTJ Smith) has reiterated that the general rule (Civil procedure Rules … Continue reading →

Posted in Asylum, Costs, Immigration Rules, Judicial Review, MEDP, Refugee Convention, Removals, Rwanda | Tagged , , , , , | Leave a comment

Court of Appeal dismisses EEA residence card appeal

Tipu v Secretary of State for the Home Department [2025] EWCA Civ 215 (05 March 2025)  Bean, Andrews and Falk LJJ held in this appeal that the Upper Tribunal had been right to reject the residence claim of Mr Tipu, … Continue reading →

Posted in Appeals, Citizens Directive, CJEU, Court of Appeal, Dependants, Dependency, European Union, Tribunals | Tagged , , , , , , | Leave a comment

Court of Appeal laments remitting human rights case back to FTT for a third time 

AA (Morocco) v Secretary of State for the Home Department [2025] EWCA Civ 144 (18 February 2025) In considering whether the Upper Tribunal had erred in law in its decision to remit to the First Tier Tribunal a Moroccan national’s … Continue reading →

Posted in Article 3, Article 8, Asylum, Court of Appeal, ECHR, ECtHR, Human Rights, Immigration Rules, Tribunals, UKSC | Tagged , , , , , , , , | Leave a comment

Court of Appeal: Tribunal correct to say refusal must advise on right of appeal

R (Chowdhury) v The First-tier Tribunal (Immigration And Asylum Chamber) & Anor [2024] EWCA Civ 1380 (08 November 2024) The Court of Appeal held in this case that the Upper Tribunal had not erred in finding that a decision notice … Continue reading →

Posted in Appeals, Court of Appeal, European Union, Judicial Review, Notices | Tagged , , , , , , | Leave a comment

Family life is unitary in nature: KF (Syria) overturned by Tribunal 

Al Hassan & Ors (Article 8: entry clearance: KF (Syria)) [2024] UKUT 234 (IAC) (04 July 2024) The Upper Tribunal has held that the jurisdiction of the European Convention on Human Rights is primarily territorial, but as observed in SSHD v … Continue reading →

Posted in Article 8, Asylum, Entry Clearance, Families, Human Rights, Immigration Rules, Lady Hale, Proportionality, Refugee Convention, Syria | Tagged , , , , , , | Leave a comment

Court of Appeal: Albanian siblings of EU nationals wrongly refused status under EUSS

Vasa v The Secretary of State for the Home Department [2024] EWCA Civ 777 (10 July 2024) The Court of Appeal held in this case that the SSHD had erred in refusing to grant pre-settled or settled status under the … Continue reading →

Posted in Appendix EU, Brexit, Citizens Directive, Court of Appeal, European Union, EUSS, Immigration Rules, Passports, Tribunals | Tagged , , , , , , , , | Leave a comment

Cross-examination of appellant by judge was unfair

Hima v The Secretary of State for the Home Department [2024] EWCA Civ 680 (26 June 2024) The Court of Appeal held in this case that the Upper Tribunal had erred in deciding that the First-tier Tribunal’s decision upholding the … Continue reading →

Posted in Albania, Asylum, Cross-Examination, European Union, Judges, Tribunals, UKSC | Tagged , , , , | Leave a comment

Persistent questioning of appellant by judge was fair 

Hossain v Secretary of State for the Home Department [2024] EWCA Civ 608 (05 June 2024) The Court of Appeal held in this case that FTTJ Beg’s persistent questioning of an immigration appellant, Mr Tareque Hossain, a Bangladeshi national, who … Continue reading →

Posted in Bangladesh, Court of Appeal, Cross-Examination, Dishonesty, Fairness, False Statements, TOEIC, Tribunals | Tagged , , , , | Leave a comment

False representations made in pending application don’t ‘simply disappear’ by varying it to an ILR application

Al-Azad v Secretary of State for the Home Department [2024] EWCA Civ 407 (25 April 2024) The Court of Appeal has rejected the argument that the SSHD should not have refused Mr MN Wohhab Al-Azad’s application for indefinite leave to … Continue reading →

Posted in Appeals, Bangladesh, Court of Appeal, Deception, Entrepreneurs, False Statements and Misrepresentations, Immigration Rules, Long Residence, Paragraph 322(5), Proportionality, Section 3C Leave, Tier 1, Tribunals | Tagged , , , , , , , , , | Leave a comment

Home Office wins in Supreme Court against Belarusian man with “limbo” status

R (AM (Belarus)) v Secretary of State for the Home Department [2024] UKSC 13 (24 April 2024)  The Supreme Court has allowed the Home Office’s appeal in the case of AM who was a Belarusian who stayed in “limbo” by … Continue reading →

Posted in Appeals, Article 8, Asylum, Crime, Deportation, ECHR, ECtHR, False Statements, Hostile Environment, Immigration Rules, Judicial Review, Public Interest, Statelessness, UKSC | Tagged , , , , , , , | Leave a comment

Woman resident in the UK for 39 years loses deportation battle 

Khadija Akhtar v Secretary of State for the Home Department [2024] EWCA Civ 354 (16 April 2024) The Court of Appeal has dismissed the appeal of Mrs Akhtar who had been resident in the UK for 39 years (since 1985). … Continue reading →

Posted in Appeals, Article 8, Automatic Deportation, Court of Appeal, Deportation, ECHR, Immigration Act 2014, Pakistan, Permanent Residence, Proportionality, Public Interest, Tribunals, UKBA 2007 | Tagged , , , , , , , , | Leave a comment

Court of Appeal rejects invitation to treat EUSS family permit application as an EEA permit application

Siddiqa v Entry Clearance Officer [2024] EWCA Civ 248 (14 March 2024) The Court of Appeal has held that the Upper Tribunal had not erred in finding that where the extended family member of an EU national had sought to … Continue reading →

Posted in Appendix EU, Bangladesh, Citizens Directive, Court of Appeal, Dependants, Entry Clearance, Immigration Rules, Tribunals | Tagged , , , , , | Leave a comment

Test of dishonesty in Ivey applies to deprivation decisions

Ullah v Secretary of State for the Home Department [2024] EWCA Civ 201 (06 March 2024) In a case raising an elementary issue of procedural fairness, the Court of Appeal allowed the appeal of Mr Ullah—a Pakistani national—against the UT’s … Continue reading →

Posted in Appeals, British Citizenship, Court of Appeal, Cross-Examination, Dishonesty, Evidence, Fairness, False Statements, HSMP, Naturalisation, Pakistan, Tribunals, UKSC | Tagged , , , , , , | Leave a comment

Court of Appeal: FTT failed to apply Iran country guidance to Kurdish asylum seeker’s case

FA (Iran) v Secretary of State for the Home Department [2024] EWCA Civ 149 (22 February 2024) The Court of Appeal has held that the UT should have concluded that the FTT had failed to apply the current Iran country … Continue reading →

Posted in Article 3, Asylum, Court of Appeal, ECHR, Iran, Kurds, Persecution, Statelessness, Tribunals, UKSC | Tagged , , , , , , , | Leave a comment

SSHD’s appeal on Bouchereau exception dismissed by Court of Appeal

Secretary of State for the Home Department v Okafor [2024] EWCA Civ 23 (23 January 2024) The Court of Appeal has held that UT Judge Grubb’s decision to allow the appeal of Mr Okafor, a Nigerian citizen against the refusal … Continue reading →

Posted in Appeals, Court of Appeal, EUSS, Proportionality, Public Interest, Tribunals | Tagged , , , , | Leave a comment

Court of Appeal examines procedural unfairness in EEA family permit case and holds FTT acted unfairly on remittances

Abdi & Ors v Entry Clearance Officer [2023] EWCA Civ 1455 (07 December 2023) The Court of Appeal has held that the FTT had acted unfairly during the hearing of an appeal against the SSHD’s refusal of Dahir Elmi Abdi, … Continue reading →

Posted in Appeals, Court of Appeal, Dependants, EUSS, Fairness, Kenya, Procedural Fairness, Somalia, Tribunals, UKSC | Tagged , , , , | Leave a comment

Court of Appeal quashes Upper Tribunal’s article 8 decision in deception case

Kaur v Secretary of State for the Home Department [2023] EWCA Civ 1353 (17 November 2023) In this case, the Court of Appeal remitted to the Upper Tribunal an Indian national’s claim based on the right to respect for family … Continue reading →

Posted in Article 8, Court of Appeal, Deception, ECHR, False Statements and Misrepresentations, Immigration Rules, India, Judges, Proportionality, Tribunals, UKSC | Tagged , , , , , , , | Leave a comment

Court of Appeal finds ‘flaws at all levels’ in ECAA case

R (Ozmen) v Secretary of State for the Home Department [2023] EWCA Civ 1366 (23 November 2023) The Court of Appeal has held that by refusing Mr Ozmen—a Turkish national—leave to remain in the UK as a businessperson pursuant to … Continue reading →

Posted in Appeals, Court of Appeal, ECAA, Immigration Rules, Judicial Review, Tribunals, Turkey, Working | Tagged , , , , | Leave a comment