Rule 13 bundle- entry clearance officers not complying with Tribunal directions
Cvetkovs (visa – no file produced – directions) Latvia [2011] UKUT 212 (IAC)
This Upper Tribunal case was heard on 17th May 2011 on an appeal from the First-tier tribunal. The case concerned the refusal of a visit visa to visit a family member residence in the United Kingdomy. Entry clearance cases
Revocation of Tier 4 sponsor licence
Patel (revocation of sponsor licence - fairness) India [2011] UKUT 211 (IAC) (06 June 2011)
This Upper Tribunal case was heard on 17th May 2011 at Field House. The appellants are Indian nationals (husband and wife). The second appellant is a dependant on the first appellant (herein after referred to as “the appellant”). Tier 4 cases
Tier 2 visa and policy guidance
R. (on the application of Alvi) v Secretary of State for the Home Department
This Court of Appeal case was heard on 9th June 2011 on appeal from the Queen’s Bench Division (Administrative Court). The case concerned the grant of leave to remain by the Secretary of State to a non-EEA economic migrant. Tier 2 cases
European Law principle of Equivalence
FA (Iraq) v Secretary of State for the Home Department [2011] UKSC 22 (25 May 2011)
This Supreme Court case was on appeal from the Court of Appeal and was heard on 23rd and 24th February 2011. Judgement was given on 25th May 2011. Iraq case law
Domestic workers can travel to the UK independently of their employers in certain circumstances in accordance with policy guidance
Ozhogina and Tarasova (deception within para 320(7B) - nannies) Russia/Russian Federation [2011] UKUT 197 (IAC) (24 May 2011).
Domestic worker
AD (reporting criteria - unreported cases) Somalia [2011] UKUT 189 (IAC) (23 May 2011)
This Upper Tribunal case was heard recently at Field House. The case concerned the appellant, a Somali national who arrived in the UK on 2nd August 1997. Unrepored cases
Directions issued by Immigration Judge in Entry Clearance appeals
SP (allowed appeal directions) South Africa [2011] UKUT 188 (IAC) (17 March 2011)
This Upper Tribunal case was heard on 15th February 2011 at Field House. The case concerned an entry clearance matter and sections of the Nationality, Immigration and Asylum Act 2002. Entry Clearance appeals
Deportation orders on the basis of being conducive to public good
AP (Trinidad & Tobago) v Secretary of State for the Home Department [2011] EWCA Civ 551 (12 May 2011)
This Court of Appeal case was on appeal from the Asylum and Immigration Tribunal. The appeal relates to AP who is a foreign criminal who was convicted and sentenced to 18 months imprisonment for a drugs offence. Deportation orders
No need to prove former spouse was exercising treaty rights for continuous five years in order to establish retention of rights
Amos v Secretary of State for the Home Department [2011] EWCA Civ 552 (12 May 2011)
This case was heard in the Court of Appeal on appeal from the Upper Tribunal. Retention of rigts
60 day extension period for student extension applications
Patel (Tier 4 - no '60-day extension') India [2011] UKUT 187 (IAC) (13 April 2011)
This Upper Tribunal case was heard at Field House on 16th March 2011. The case concerned the appellant, an Indian national who arrived in the UK in September 2008. Tier 4 extension
VVT (LCPS: no post graduate diplomas) India [2011] UKUT 162 (IAC) (31st March 2011)
This case concerned VVT, an Indian citizen appealing before the First-tier Tribunal against the refusal of his application for permission to remain in the United Kingdom. LCPS: No post Graduate
BN (OFM- annulment of residence permit) Ghana [2011] UKUT 163 (IAC) (04 April 2011)
This case concerned an appeal before the Upper Tribunal (Immigration and Asylum Chamber) from one Mr. BN, regarding the refusal of his application for an EEA residence card. annulment of residence permit
The consideration of established presence under Appendix C of the Immigration Rules
Molla (established presence - date of application) Bangladesh [2011] UKUT 161 (IAC) (03 May 2011
This case was heard at the Upper Tribunal on 5th November 2010. The case concerned a Tier 4 (General) applicant and the issue of “established presence”. established presence - date of application
The Secretary of State for the Home Department (SSHD) was wrong to revoke a student’s leave to enter the UK on the basis that the circumstances in which leave was granted had changed, when the SSHD could not prove what were the original circumstances under which leave had been granted. Student: ability to follow course
Time spent in prison to be disregarded for the purposes of permanent residence
SO (imprisonment breaks continuity of residence) Nigeria [2011] UKUT 164 (IAC) (07 April 2011
This Upper Tribunal case was heard on 24th March 2011 at Field House. The case considered whether time spent in prison could be taken into account for the purposes of long residence.
Revocation of EEA residence card
HS (EEA: revocation and retained rights) Syria [2011] UKUT 165 (IAC) (13 April 2011)
This Upper Tribunal case was heard on 25th February 2011 at Field House. The case dealt with the issue of retention of rights under the Immigration (European Economic Area) Regulations 2006 (herein after referred to as the EEA regulations). Revocation of EEA residence card
Right to permanent residence under EU law
Okafor & Ors v Secretary of State for the Home Department [2011] EWCA Civ 499 (20 April 2011)
This Court of Appeal case was heard on 20th April 2011 on appeal from the Upper tribunal. The case concerned the issue of permanent residence of the family members of an EU national, where the EU national died before acquiring permanent residence. Right to permanent residence under EU law
Zimbabwean asylum case
RK (Zimbabwe) v Secretary of State for the Home Department [2011] EWCA Civ 456 (20 April 2011)
This Court of Appeal case was heard on 20th April 2011 (on appeal from the Asylum and Immigration Tribunal). Zimbabwean asylum case
Reference to Luxembourg on point of EU law, disclosure and national security
ZZ v Secretary of State for the Home Department [2011] EWCA Civ 440 (19 April 2011)
This Court of Appeal case was heard on 19th April 2011 on appeal from the Special Immigration Appeals Commission (SIAC). EU Law , disclosure and national security
Judicial review action against the delay in issuing status documents
MD (China) & Ors, R (on the application of) v Secretary of State for the Home Department [2011] EWCA Civ 453 (18 April 2011)
This Court of Appeal case was heard on 18th April 2011. There are five claimants in this case, all of whom are successful asylum seekers and who suffered unacceptable delays in the issuing of their status papers to which they were entitled. Delay in issuing status documents
Tier 4 rules regarding re-sitting exams and extensions of leave
RS (Pakistan) v Secretary of State for the Home Department [2011] EWCA Civ 434
This Court of Appeal case was heard on 18th April 2011 against the decision of the Upper Tribunal decision promulgated on 2nd September 2010. Tier 4 cases
Principle of fairness and adequate opportunity to find a new Tier 4 sponsor
Thakur (PBS decision - common law fairness) Bangladesh [2011] UKUT 00151 (IAC)
This Upper Tribunal case was heard at Field House on 24th February 2011. The case concerned the decision of the Secretary of State for the Home Department’s (herein after referred to as the SSHD) to refuse the appellant, a Tier 4 general student migrant, leave to remain in the UK. Tier 4 sponsor
Zimbabwean asylum case remitted for further consideration
RM (Zimbabwe) v Secretary of State for the Home Department (Rev 1) [2011] EWCA Civ 428 (13 April 2011)
This appeal is brought by the Secretary of State for the Home Department (herein after referred to as the SSHD) against the determination of the respondent’s asylum appeal (made on 24th January 2008) and subsequent decisions. Zimbabwean asylum case
Tier 4 _ L icence suspended _ Article 1 of the First Protocol ECHR
Sri Lanka _ asylum _ country guidance
Right of appeal _ public interest grounds
KP v Secretary of State for the Home Department (Deportation - Refusal of entry - Dismissed) [2011] UKSIAC 72/2009 (28 March 2011): Did an appellant who had been excluded from the UK on public interest grounds have a right of appeal to the Special Immigration Appeals Commission (SIAC)? Right of appeal
Human rights grounds (Article 8 ECHR; right to family life) in entry clearance applications
Detainee _ deportation _ regular reviews
Rozo-Hermida, R (on the application of) v Secretary of State for the Home Department
[2011] EWHC 695 (Admin) (23 March 2011): Deportation