KNOWLEDGE

CENTRE

Family From Gaza Settle In UK Following Ukraine Scheme Application: A Legal Loophole?

In This Article 1. Introduction: A Tribunal Decision at the Centre of Political Debate 2. The Appellants’ Background and Entry Clearance Application 3. Home Office Refusal: No Resettlement Route for Palestinians 4....

Article 8, Overseas Family Members & Refugee Family Reunion

In This Article 1. Introduction to Article 8 of the European Convention on Human Rights (ECHR) 2. Background of the Al Hassan and Ors Case 3. The Appeal to the Upper Tribunal 4. Remaking the Decision: Proportionality...

Upper Tribunal: No 'Realistic Prospect' Policy in EUSS Zambrano Cases

In This Article 1. Introduction 2. The Home Office Guidance on EU Settlement Scheme 3. The EU Settlement Scheme Application 4. The Appeal Before the First-Tier Tribunal 5. The Appeal Before the Upper Tribunal 6....

High Court Considers Cart JR Ouster Clause

Oceana, R (On the Application Of) v Upper Tribunal (Immigration And Asylum Chamber) (Rev1) [2023] EWHC 791 (Admin) is a High Court judgment on a preliminary issue as to jurisdiction in a claim for...

Upper Tribunal Considers Discretion to Defer Biometric Enrolment

In R (on the application of MRS and FS) v Entry Clearance Officer (Biometrics, Entry Clearance, Article 8) [2023] UKUT 00085 (IAC), in the context of judicial review proceedings, the Upper Tribunal...

Immigration Appeal Disposal: Should the Upper Tribunal Remake or Remit?

The “disposal” of an appeal by the Upper Tribunal, namely whether the appeal should have been remitted to the First-tier Tribunal rather than retained at the Upper Tribunal for remaking, was at the heart of...

Upper Tribunal Considers Durable Partners, Marriage and Human Rights Under the EUSS

In the judgement in Celik (EU exit; marriage; human rights) [2022] UKUT 00220 (IAC)  published on 10 August 2022, the Upper Tribunal considered the rights of partners of EEA nationals who were unable to marry before...

Upper Tribunal Guidance on Deprivation of British Citizenship Appeals

In its judgment published on 20 October 2022 in Berdica (Deprivation of citizenship: consideration) [2022] UKUT 00276 (IAC), the Upper Tribunal considered further the Tribunal’s jurisdiction and approach to deprivation...

Review of the Senior President of Tribunals’ Annual Report 2021

Senior President of Tribunals, Sir Keith Lindblom recently presented the 2021 annual report.  This is the first report presented by the current Senior President of Tribunals, who was appointed in September 2020.  As...

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...