(1) A decision of the Upper Tribunal to refuse permission to appeal against a decision of the First-tier Tribunal disposes of proceedings in the Upper Tribunal. Except for its power to set aside under rule 43 of the Tribunal Procedure (Upper Tribunal) Rules 2008 for procedural irregularity, the Upper Tribunal cannot revisit its decision. As a result, it has no jurisdiction to entertain subsequently-formulated grounds of challenge to the First-tier Tribunal’s decision.
(2) In order to satisfy the part of CPR 54.7A(7)(a) which requires the High Court to find an arguable case that the Upper Tribunal’s refusal of permission to appeal was wrong in law, the court needs to be satisfied either that:
(a) the Upper Tribunal’s reaction to the grounds of challenge in the application for permission to appeal was arguably wrong in law; or
(b) where the judicial review grounds have not found expression in the grounds considered by the Upper Tribunal, the judicial review grounds are of such an a nature as to have required the Upper Tribunal to have raised them of its own volition, and then considered them; and that its failure to do so is arguably wrong in law.
[2021] UKUT 116 (IAC)
Bailii
England and Wales
Updated: 14 August 2021; Ref: scu.666427 br>