最近，一位莎粉来找我们倾诉，原因竟然只是因为她家院子里的一棵树？
这棵树平时看起来挺正常，但随着时间过去，枝叶越来越旺，竟然长到了邻居的花园里。没想到邻居突然找上门，语气严肃地说：
“你这棵树已经影响到我家的房子结构了！必须把它砍掉，还要出钱帮我修缮，否则我就要索赔！”
一时间，莎粉完全傻眼了：
树枝越界，真的能算责任吗？
邻居开口就要赔钱，这要求合理吗？
如果拒绝，会不会惹上法律麻烦？
类似的“邻里纠纷”其实并不少见，有人因为一棵树、一道墙，甚至一个花盆，就闹得剑拔弩张。
那么，在英国，到底怎样的情况算合理？又有哪些规定可以避免纠纷？
点击视频，看我们为你解析背后的真相，告诉你应该采取的措施！
《树枝越界惹大祸？邻居索赔、房屋受影响，她慌了！》
莎粉们喜欢我们的影片吗？之后，丽莎还会继续以简单平易的方式，和大家科普更多英国法律信息。
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![Two recent immigration tribunal decisions have highlighted important points of principle in UK immigration law: the requirement for procedural fairness in decision-making and the legal distinction between a grant of leave and the administrative issuance of a Biometric Residence Permit (BRP).
Both cases demonstrate the need for applicants and their representatives to be vigilant in challenging decisions where the Home Office may have acted outside established legal boundaries.
Namecard for article - Angel Wan in English
Procedural Fairness in Hong Kong BN(O) Applications
In R (KW) v Secretary of State for the Home Department, JR-2024-LON-002169, the Upper Tribunal considered a refusal under the Hong Kong British National (Overseas) route. The applicant, a Chinese national from Hong Kong, had been refused on the basis of a previous conviction. The Home Office gave decisive weight to a Hong Kong Court of Appeal judgment it had located independently online, without putting this material to the applicant for comment.
The Tribunal found this to be a clear breach of procedural fairness, observing that the applicant had effectively been “ambushed” by evidence not disclosed to them.
While the Court of Appeal’s decision in Balajigari v Home Secretary [2019] EWCA Civ 673 was not directly applicable, it was considered a useful authority on fairness in immigration decision-making. The refusal was therefore quashed, and the case must now be reconsidered by the Home Office.
This judgment reinforces that applicants must be given an opportunity to respond to any evidence relied upon by decision-makers. Failure to do so will amount to procedural unfairness, providing strong grounds for judicial review.
The Legal Status of Biometric Residence Permits
The second case, Guerrero (s104(4A); statutory abandonment; right of appeal) [2025] UKUT 00276 (IAC), concerned an asylum seeker who received a refusal decision but was subsequently issued with a BRP stating “Refugee leave to remain.”
The First-tier Tribunal initially ruled that the BRP constituted a grant of leave, thereby treating the pending asylum appeal as abandoned under section 104(4A) of the Nationality, Immigration and Asylum Act 2002.
On appeal, the Upper Tribunal clarified the legal position. A BRP does not in itself grant leave to remain, it is an administrative document that evidences an earlier grant of leave.
Where a BRP is issued in error, no grant of leave arises, and an appeal cannot be deemed abandoned.
The Tribunal also confirmed that decisions to treat appeals as abandoned under section 104(4A) are not “excluded decisions,” and therefore fall within the Upper Tribunal’s jurisdiction to review.
The First-tier Tribunal’s decision was set aside, and the case will be re-heard.
This decision underscores the importance of distinguishing between the substantive grant of leave and the administrative issuance of a BRP. Mistaken issuance of documents cannot override statutory rights of appeal.
Conclusion
Both cases serve as reminders of the importance of legal safeguards in the immigration system when it comes to immigration tribunal decisions. The KW case highlights that applicants must be given a fair opportunity to respond to evidence before adverse decisions are made. The Guerrero case confirms that a BRP is not determinative of immigration status and cannot substitute for an actual grant of leave.
These judgments illustrate the value of expert legal representation in holding the Home Office to account where decision-making falls short of the standards required by law.](https://lisaslaw.co.uk/wp-content/uploads/2025/08/AdobeStock_284883829-scaled.jpeg "Gold coin Stack On the table save money Taking care of money - Lisa's Law Solicitors")
