1) In its role as an appeal body from decisions of the First-tier Tribunal, the Upper Tribunal is a permission-based jurisdiction. The process of (in the case of parties) applying for and (in the case of judges) granting or refusing permission to appeal performs an essential regulatory function governing the work of the Upper Tribunal. As such, it is vital that a party seeking permission to appeal does all it can to assist the Tribunal in the performance of its functions and the furtherance of the overriding objective.
2) Where a representative makes an application for permission to appeal, the application should feature the name of the representative and should not be made solely under the generic name of the organisation or team making the application.
3) Applications for permission to appeal should be made by reference to the established principles governing errors of law. Judges considering applications for permission to appeal should resist attempts by appellants to dress up or re-package disagreements of fact as errors of law.
4) All permission to appeal decisions should feature brief reasons. That includes a decision to grant permission to appeal. It is a useful exercise in judicial self-restraint to say why it is thought that the grounds are arguable, particularly where the grounds of appeal challenge findings of fact reached by the judge below.
Citations:
[2022] UKUT 218 (IAC)
Links:
Jurisdiction:
England and Wales
Immigration
Updated: 22 September 2022; Ref: scu.680542