CA: FTT erred in a TOEIC appeal by failing to engage with the reasoning in DK and RK [2022] UKUT 112 (IAC) or explain why it departed from that reasoning: caselaw.nationalarchives.gov…

CA: where A was aware his Tier 2 Sponsor's licence was suspended, procedural fairness didn't require the SSHD to notify him of its revocation before refusing him further leave. Pathan [2020] UKSC 41 distinguished: caselaw.nationalarchives.gov…

CA: in a s40(3) deprivation appeal, the FTT must make its own finding on whether citizenship was obtained by fraud/false representation/concealment of a material fact. The SSHD bears the burden of proof: caselaw.nationalarchives.gov…

UT: a director's loan agreement relied on in a Tier 1 (Entrepreneur) application must expressly state that the loan is unsecured and subordinated to other creditors' loans: tribunalsdecisions.service.g…

CA sets aside UT's interim order requiring SSHD to grant entry clearance to the parents of nine- and six-year-old children who are in the UK unaccompanied after accidental separation in Calais: caselaw.nationalarchives.gov…

UT: leave to remain obtained by deception is not 'lawful residence' for the purposes of the long residence rules: tribunalsdecisions.service.g…

CA allows A's appeal in this case. The child over 21 of an EU national doesn't lose their right of residence on account of exercising their right to work and thereby ceasing to be financially dependent: caselaw.nationalarchives.gov…

CA: UT entitled to hold an Iranian Kurd found to have posted on Facebook and attended protests opportunistically could be expected to delete his account and not disclose his participation when questioned on return. He therefore wasn't at risk: caselaw.nationalarchives.gov…

CA: where a purported EFM with no specified document applied under the EUSS, R wasn't obliged to treat it as a residence card application without evidence he intended this, or to advise him to make such an application: caselaw.nationalarchives.gov…

High Court finds SSHD unlawfully failed to consider discretion in the case of Windrush migrant's daughter refused ILR because she wasn't continuously resident, but refuses relief as lawful decision highly likely to be the same: caselaw.nationalarchives.gov…

CA: in a deportation case, the tribunal can look beyond the sentence imposed when assessing seriousness. Relevant factors may be credit for a guilty plea and a young offender receiving less than an older adult would: caselaw.nationalarchives.gov…

CA: SSHD not entitled to rely on certification of an earlier removal under the EEA Regulations 2016 to prevent A exercising an in-country appeal against a subsequent human rights claim. A separate section 94 certification was required: caselaw.nationalarchives.gov…

UT: an EEA national who was imprisoned as of 31/12/2020 and hadn't already acquired permanent residence wasn't lawfully resident under the EEA Regulations 2016. They therefore can't benefit from those Regulations in a post-Brexit deportation appeal: tribunalsdecisions.service.g…

CA: where notice of decision wrongly fails to notify A of their right of appeal, the time for bringing an appeal doesn't start to run. A's appeal, lodged in 2022 against a Sala-era residence card refusal from 2016, was therefore in time: caselaw.nationalarchives.gov…

New policy guidance confirms right of appeal, not just administrative review, in Gurkha and Hong Kong veteran cases: assets.publishing.service.go…

High Court: the absence of a right of appeal against refusal to consider a late EUSS application doesn't breach the Withdrawal Agreement or the EU Charter: caselaw.nationalarchives.gov…

Supreme Court: the FTT doesn’t have any duty under s55 and needn’t decide on appeal whether the SSHD has breached her own s55(3) duty. McCloskey LJ’s judgments to the contrary were wrong in law: caselaw.nationalarchives.gov…

UT: where Rules create a discretion to evaluate certain factors, R isn't obliged to exercise that discretion but must at least consider whether to do so. Perverse of R to hold her own error of fact against A based on his failure to correct it in interview: tribunalsdecisions.service.g…

UT summarises the correct approach to appeals against revocation of protection status following Brexit. For decisions made on cessation or exclusion grounds, FTT must still consider whether A's a Convention refugee even if bound by s72 to dismiss: tribunalsdecisions.service.g…

CA: R v Bouchereau doesn't apply in 'imperative grounds' deportation cases. The 'Robinson obvious' principle is limited to points favouring an appellant who claims to be a refugee; it shouldn't be extended in favour of the SSHD: caselaw.nationalarchives.gov…