(i) The power conferred on the Upper Tribunal, exercisable upon remittal to the First-tier Tribunal, by section 12(b)(i) of the Tribunals, Courts and Enforcement Act 2007 to give directions is distinct from the power conferred by section 12(3)(b) to give procedural directions.
(ii) Directions under section 12(b)(i) encompass matters such as guidance on the law and the scope of the appeal upon remittal. In formulating such directions, the Upper Tribunal must be alert to the jurisdictional limits of the First-tier Tribunal.
(iii) Directions under section 12(3)(b) relate to matters of procedure concerning the conduct of the remitted appeal.
(iv) Both powers are to be exercised in a manner which promotes the interests of justice and gives effect to the overriding objective.
(v) The decision in PF (Nigeria) v SSHD [2015] EWCA Civ 251 does not rule conclusively that the First-tier Tribunal (and, on appeal, the Upper Tribunal) has no jurisdiction to consider a ground of appeal which canvasses the frustration of a substantive legitimate expectation, bearing in mind the ‘otherwise not in accordance with the law’ statutory ground of appeal enshrined in section 84 of the Nationality, Immigration and Asylum Act 2002.
Citations:
[2015] UKUT 517 (IAC)
Links:
Jurisdiction:
England and Wales
Immigration
Updated: 31 January 2022; Ref: scu.553209
