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The Court of Appeal interprets s.117B(6)
By Alex Papasotiriou

In Secretary of State for the Home Department v AB (Jamaica) & Anor [2019] EWCA Civ 661, the Court of Appeal further considered the interpretation of section 117B(6) of the Nationality, Immigration and Asylum Act 2002. It did so in two respects: Whether s.117B(6)...

 applies only in cases where the qualifying child will in fact leave the UK as a consequence of the parent’s removal; and Whether “genuine and subsisting parental relationship” requires at least some element of direct parental care to the...

Oral Decisions by First-tier Tribunal Immigration Judges
By Zoe Bantleman

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...

 must provide notice of the decision and of any right and timeframe for appealing the decision; But, only in decisions relating to an asylum or humanitarian protection claim must judges provide written reasons with the notice of the decision; In all other cases,...

Home Office Exercise of Discretion and Technical Errors
By Zoe Bantleman

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...

 to consider such a grant [outside of the Rules] when expressly asked to do so and, if but briefly, deal with any material relied upon by an applicant in support” [39]. The Court of Appeal was bound by this principle in the recent case of Asiweh v...

How to interpret decisions on permission to appeal
By Zoe Bantleman

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)...

 It is essential for a judge who is granting permission to appeal only on limited grounds to say so, in terms, in the section of the standard form document that contains the decision, as opposed to the reasons for the decision. (2) It is likely to be only...

Dishonesty and deception in immigration cases
By Richmond Chambers

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...

 application, and whether or not to the applicant’s knowledge), or material facts have not been disclosed, in relation to the application or in order to obtain documents from the Secretary of State or a third party required in support of the application.” Paragraph 6...

Court of Appeal considers failure to enrol biometrics
By Zoe Bantleman

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...

 indefinite leave to remain and the grave consequences of failing to so do.  Jayaraman’s failure to enrol his biometrics led to the invalidity of his application and after the expiry of his limited leave to remain he was rendered an overstayer. The...

Court of Appeal gives guidance on invalid applications
By Zoe Bantleman

In Kousar & Ors v The Secretary of State for the Home Department [2018] EWCA Civ 2462 (07 November 2018) Irwin LJ gave the judgment to which both Baker LJ and Lindblom LJ agreed. The judgment revolved around whether the First-tier Tribunal had jurisdiction to...

 hear the purported appeal against an invalid application. Kousar made two Tier 1 (Entrepreneur) applications for leave to remain. The first was deemed invalid 3 days after she made the application, as she failed to tick the relevant box on the payment...

Deportation - Part 2: Appeals and Judicial Review
By Andre Armenian

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...

 will be taking a closer look at what that individual (of EEA or non-EEA origin) can do to challenge such a decision. Deportation – Pre-Appeal It is important to note that, prior to lodging an appeal, an opportunity to challenge the decision should present...

Appeals against deprivation of British citizenship
By Alex Papasotiriou

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...

 order (section 40A(1) of the British Nationality Act 1981). In Arusha and Demushi (deprivation of citizenship – delay) [2012] UKUT 80, the Upper Tribunal endorsed the uncontested rulings of the First-tier Tribunal on the nature and scope of an appeal...

Paragraph 322(5): A Ground for Refusal
By Nadine McGarry

The issues faced by individuals who have received a refusal on the grounds of paragraph 322(5) of the Immigration Rules have been reported on widely in the media recently.  Paragraph 322(5) of the Immigration Rules provides a discretionary ground for refusal...

 based on: “the undesirability of permitting the person concerned to remain in the United Kingdom in the light of his conduct (including convictions which do not fall within paragraph 322(1C), character or associations or the fact that he represents a...

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

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...

 the precedent FP (Iran) & Anor v SSHD [2007] EWCA Civ 13, which established that fairness demands that an applicant or appellant should not be held accountable for the failures of her immigration lawyer in the context of asylum, I take this as the...

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

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...

 either party, as well as providing clarification on the effect of delay on tribunal decisions. Factual background The claimant is an ethnic kurd and citizen of Iran seeking asylum in the UK on the basis that he will be arrested on return to Iran because of his...
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