Oral Decisions by First-tier Tribunal Immigration Judges

Under rule 29 of the Tribunal Procedure (First-tier Tribunal) (Immigration and Asylum Chamber) Rules 2014, a Tribunal may give a decision orally at a hearing. These are the next steps if a Tribunal does so: As soon as reasonably practicable, the Tribunal...

Home Office Exercise of Discretion and Technical Errors

Is the Secretary of State under an obligation to consider whether to exercise his discretion outside of the Immigration Rules to grant leave to remain? Yes. Since R (Behary & Ullah) v SSHD [2016] EWCA Civ 702, it has been good law that “There is an obligation...

How to interpret decisions on permission to appeal

The recent case of Safi and others (permission to appeal decisions) [2018] UKUT 388 (IAC) provides helpful guidance on interpreting the scope of decisions in which permission to appeal from the First-tier to the Upper Tribunal is granted. The headnote states: (1)...

Dishonesty and deception in immigration cases

Paragraph 322 (1A)  of the Immigration Rules provides a mandatory ground for refusal in the following circumstance: “where false representations have been made or false documents or information have been submitted (whether or not material to the...

Court of Appeal considers failure to enrol biometrics

In R (on the application of) Jayaraman v The Secretary of State for the Home Department [2018] EWCA Civ 2545 (15 November 2018), Peter Jackson LJ (with Sharp LJ’s agreement) considered the requirement to provide biometric information for an application for...

Deportation - Part 2: Appeals and Judicial Review

In the first entry in this series of blogs, we clarified what deportation is, how deportation procedures can be engaged, and what the Secretary of State (via the Home Office) can do to enforce their decision to deport an individual. In this entry, we...

Appeals against deprivation of British citizenship

In an earlier blog post, we covered the scope of the Secretary of State’s statutory power to deprive an individual of their British citizenship. In this post we will explore the scope of an appeal to the First-tier Tribunal against a decision to make a deprivation...

Mansur (immigration adviser's failings: Article 8) Bangladesh [2018] UKUT 00274 (IAC)

In Mansur (immigration adviser’s failings: Article 8) Bangladesh [2018] UKUT 00274 (IAC) Mr Justice Lane considered the question of the relevance of a previous legal representative’s shortcomings to an immigration appeal. As Mansur was distinguished from...

AZ (error of law: jurisdiction; PTA practice) Iran [2018] UKUT 245 (IAC)

AZ provides insight on the correct approach to be taken in ‘error of law’ decisions, where the decision is to be remade by the tribunal. It also indicates the circumstances under which permission to appeal can be granted on grounds not brought by...

Time Spent As Extended Family Member Without Recognition Does Not Count

In Selim Macastena v SSHD [2018] EWCA Civ 1558 the Court of Appeal considered whether the time spent in a  durable relationship with a woman, who is an EEA national with permanent residence, can be added to the 5 year requirement of continuous residence in order...