Court of Appeal Overturns Asylum & Immigration Tribunal's Decision

The Court of Appeal has overturned a decision of the Asylum & Immigration Tribunal (‘AIT), that human rights cannot be considered in an appeal against refusal to vary a person’s leave to remain – JM (Rule 62(7); human rights unarguable) Liberia [2006] UKAIT 00009 (please note this is the reference of the case before the AIT and not the Court of Appeal).

Until the case, known as JM (Liberia), was decided by the AIT, it was possible in appeals against refusal to vary leave to ask an immigration judge to consider breaches of the appellant’s human rights as well as the main issues on appeal. However the Tribunal found in JM (Liberia), in summary, that as appellants in refusal to vary leave appeals will not yet have been issued with removal directions, then human rights matters cannot be considered.

In a judgment, which is yet to be released in written form, the Court of Appeal disagreed with the AIT’s analysis of the law and overturned its decsion.

It is therefore now possible for immigration judges’ to consider human rights issues in a case where there are no removal directions.

If you require advice on this or any other UK immigration matter, please do not hesitate to contact one of our specialist lawyers or advisors.