Although each case must be determined on its own facts, in cases where a person seeks to dispute the Secretary of State’s assertions as to the availability of an appeal to the First-tier Tribunal, the appropriate course is for such person to lodge a notice of appeal with the First-tier Tribunal requesting that it determine this issue. Given the existence of this suitable alternative remedy, it will only be in exceptional circumstances that the Upper Tribunal will exercise its discretion and grant relief to a person who seeks to raise this same issue before it in judicial review proceedings brought against the Secretary of State.
[2015] UKUT 353 (IAC)
Bailii
England and Wales
Immigration
Updated: 03 January 2022; Ref: scu.550620