UTIAC (i) Neither s.18, nor any other provision in the Tribunals, Courts and Enforcement Act 2007 (‘the 2007 Act’), nor any provision in the Tribunal Procedure (Upper Tribunal) Rules 2008 gives the Upper Tribunal a discretionary power to transfer to the High Court a case which has been begun in the Upper Tribunal. Where a case has been transferred to the Upper Tribunal, it is only in circumstances bringing the case within rule 33A(3)(b) that a discretionary power to transfer the case back to the High Court will arise.
(ii) Section 18(11) of the 2007 Act contemplates that Tribunal Procedure Rules should provide for the making of amendments to judicial review proceedings in the Upper Tribunal which would have the effect that, once made, the application would be required to be transferred to the High Court. Rule 33A does this by expressly giving the tribunal control over the making of such amendments, and it ensures also that the tribunal controls whether there can be reliance on additional grounds which would have the same effect.
Walker J
[2016] UKUT 182 (IAC)
Bailii
Tribunals, Courts and Enforcement Act 2007 18
England and Wales
Immigration
Updated: 01 November 2021; Ref: scu.564162