The claimant had sought judicial review of the respondent’s refusal to him of extended leave to remain. The Upper Tribunal had rejected his claim for review saying that he had not taken the aveune of an appeal to the First-Tier Tribunal.
Held: The appeal succeeded. The Upper Tribunal should have looked at the case on its merits despite the availability of the alternate remedy. Permission to bring review had been granted, and the Tribunalshould have considered the waste of time and costs and the disappointment created.
Judges:
Gross, Underhill LJJ
Citations:
[2017] EWCA Civ 424, [2017] WLR(D) 394
Links:
Statutes:
Jurisdiction:
England and Wales
Immigration
Updated: 27 March 2022; Ref: scu.588201
