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England and Wales decisions
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The Tribunal dismissed SJ’s asylum, humanitarian protection and Article 8 appeal, finding he had not shown he was Gambian and was instead a citizen of Guinea.
The tribunal dismissed NC’s asylum, humanitarian protection and human rights appeal, finding no real risk on return to Bangladesh and no Article 8 breach.
The Tribunal allowed Ms Suescan Duarte’s appeal on human rights grounds, finding no Article 3 medical claim, but holding that Article 8 was met because return to the US would create very significant reintegration obstacles.
The Tribunal allowed a Ukrainian appellant’s Article 8 appeal, finding very significant obstacles to integration in Ukraine because of her long UK residence, lack of support, and ongoing cancer care needs.
The First-tier Tribunal dismissed KS’s asylum, humanitarian protection and human rights appeal, finding his account inconsistent and unsupported by reliable evidence.
The Court of Appeal allowed the Secretary of State’s second appeal in a deportation case, holding that the FtT misapplied or inadequately reasoned the Kamara test on integration in Germany.
The First-tier Tribunal erred in law by failing to consider all relevant evidence, including objective factors such as state protection and family connections, and by not conducting the required broad evaluative judgment under paragraph 276ADE(1)(vi). The Upper Tribunal was correct to set aside the First-tier Tribunal's determination.
Source excerpt
Lowe v The Secretary of State for the Home Department [2021] EWCA Civ 62 (25 January 2021)
The Court of Appeal allowed a deportation appeal, holding that the Upper Tribunal wrongly substituted its own view for the First-tier Tribunal’s on integration obstacles.
The Court of Appeal held that the First-tier Tribunal was entitled to find very significant obstacles to integration in Jamaica, and restored the appeal.
The Court of Appeal restored the First-tier Tribunal’s decision allowing Jose Herrera’s appeal, holding the Upper Tribunal had wrongly interfered with a fact-sensitive assessment under paragraph 276ADE.
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