UTIAC (i) The exercise of considering whether there are very compelling circumstances over and above those described in paragraphs 399 and 399A of the Immigration Rules must, logically, be preceded by an assessment that the appellant’s case does not fall within paragraph 399 or 399A.
(ii) At the stages of both granting permission to appeal and determining appeals, it is essential to expose those cases where, properly analysed, the challenge to the First-tier Tribunal’s decision is based on unvarnished irrationality grounds. The elevated threshold for intervention on appeal thereby engaged must be recognised.
(iii) Every application for permission to appeal to the Upper Tribunal should be preceded by a conscientious, considered assessment of the decision of the First-tier Tribunal (‘FtT’). Inundation of the Upper Tribunal with permission to appeal applications in every case belonging to a given category is not harmonious with the Parliamentary intention.
(iv) Remittal to the Secretary of State is not one of the disposal powers now available to the FtT, which are threefold: to allow the appeal, to dismiss the appeal or to make a decision the effect whereof is that the Secretary of State either must, or may, make a fresh decision.
(v) The eleventh hour advent of skeleton arguments and Rule 24 Notices is in breach of the Upper Tribunal’s procedural rules and is an unacceptable practice.
[2015] UKUT 629 (IAC)
Bailii
England and Wales
Immigration
Updated: 17 January 2022; Ref: scu.565373
