The review covers EU law, settlement applications under the Long Residence route, Article 8 updates and deportation and asylum cases. This review has been specifically written for Lexis®PSL Immigration.

Expertise of specialist tribunals

AH (Sudan) v Secretary of State for the Home Department [2007] UKHL 49, [2008] 1 AC 678

One of the repeated themes from the Court of Appeal this year has been a reminder that in immigration cases it is considering appeals from a specialist Tribunal and will not always interfere with decisions. In a number of the cases considered below the Court of Appeal has repeatedly cited the case of AH (Sudan) v Secretary of State for the Home Department (SSHD) where Baroness Hale [30] said:

‘it is probable that in … applying the law in their specialist field the tribunal will have got it right. … Appellate courts should not rush to find … misdirections simply because they might have reached a different conclusion on the facts or expressed themselves differently.’

10 years lawful residence and periods of overstaying

Immigration Rules, Part 7, para 276BR (on the application of Ahmed) v Secretary of State for the Home Department [2019] EWCA Civ 1070

 

 

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