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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...

Immigration Appeal Adjournments in the First-tier Immigration Tribunal
By Zarina Rahman

Although waiting times for an immigration appeal in the UK are currently very long, with an average of 12 months, there may be circumstances where an adjournment is necessary to allow further time to properly prepare an appeal. This is explored further in this...

 article.    How will an application for an immigration appeal adjournment be considered? As part of its general case management powers, the First-tier Tribunal (Immigration & Asylum Chamber) has the power to ‘adjourn or postpone a hearing’ (rule...

Review of the Senior President of Tribunals’ Annual Report 2018
By Alexandra Pease

The  Senior President of Tribunals’ Annual Report 2018 was published on 25 May 2018.   This year there will be two reports.  This article analyses the material provided by the IAC Chambers of the Tribunal.  In July a second report will focus on...

 and address modernisation. Upper Tribunal – IAC The Immigration and Asylum Chamber report by Mr Justice Lane begins at page 14.  The report begins with a recognition for the work carried implemented by Mr Justice McCloskey of the High Court of Northern...

Upper Tribunal finds that there is no shared duty of cooperation on a Member State to substantiate nationality
By Richmond Chambers

The Upper Tribunal has recently given its determination in the case of MW (Nationality; Art 4 QD; duty to substantiate) Eritrea [2016] UKUT 00453 (IAC). In...

 its determination the Upper Tribunal analyses on whom the duty lies to substantiate nationality, in relation to a case of disputed nationality.Background

New Article 8 case: R on the application of Aliyu and another v SSHD [2014] EWHC 3919 (Admin)
By Richmond Chambers

In R on the application of Aliyu and another v SSHD [2014] EWHC 3919 (Admin) the Claimants were sisters who arrived in the UK from Nigeria aged 11 and 10. At the date of hearing the Claimants were 22 and 21 years old respectively.Application of the post 9 July...

 2012 Immigration Rules Age of the Claimants on arrival; Their pre-18 relationships and post-18 relationships with their aunt and other family in the UK; The Claimants had spent their formative years in the UK, albeit unlawfully;  The fact that the...

Adjournments and the right to a fair hearing
By Richmond Chambers

In the case of Nwaigwe (adjournment: fairness) [2014] UKUT 418 (IAC) the Upper Tribunal stated that in most cases, the main question to be determined in an application for an adjournment is whether the refusal would deprive the appellant of a fair...

 hearing. The question for the Upper Tribunal on appeal is not whether the First-tier Tribunal Judge acted reasonably, but whether there was in fact a deprivation of the affected party's right to a fair hearing. The official headnote reads:

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