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High Court Considers Cart JR Ouster Clause
By Alex Papasotiriou - Immigration Barrister

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...

 judicial review; essentially a ‘Cart JR’ following the partial ouster of the High Court’s ‘Cart’ jurisdiction by the coming into force of section 2 of the Judicial Review and Courts Act 2022 on 14 July...

Upper Tribunal Considers Discretion to Defer Biometric Enrolment
By Alex Papasotiriou - Immigration Barrister

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...

 considered the lawfulness of the Secretary of State for the Home Department’s (SSHD) biometric enrolment discretion policy in family reunion entry clearance applications. Further, the Upper Tribunal considered the...

Immigration Appeal Disposal: Should the Upper Tribunal Remake or Remit?
By Alex Papasotiriou - Immigration Barrister

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...

 the issues that the Court of Appeal had to consider in AEB v Secretary of State for the Home Department [2022] EWCA Civ 1512. Procedural History in AEB The Appellant, AEB, had been convicted of offences of...

Upper Tribunal Considers Durable Partners, Marriage and Human Rights Under the EUSS
By Jasmine Theilgaard - Immigration Barrister

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...

 the specified date, and also the question of whether human rights grounds of appeal could be raised in an appeal against the refusal of an application under the EU Settlement Scheme. Facts of the Appeal...

Upper Tribunal Guidance on Deprivation of British Citizenship Appeals
By Alex Papasotiriou - Immigration Barrister

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...

 of British citizenship appeals, following the Supreme Court’s judgement in Begum v Secretary of State for the Home Department [2021] UKSC 7 and the Upper Tribunal’s own consolidated guidance in...

Review of the Senior President of Tribunals’ Annual Report 2021
By Alexandra Pease - Immigration Barrister

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...

 immigration lawyers we have reviewed the annual reports in previous posts, most recently 2020 and 2019.  ​​Senior President’s Introduction In the introduction, the report acknowledges the...

How to interpret decisions on permission to appeal
By Richmond Chambers -

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...

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