The court was asked ‘Is a decision of a judge of the Upper Tribunal (Immigration and Asylum Chamber) refusing permission to appeal against a decision of the First-tier Tribunal (Immigration and Asylum Chamber) amenable to judicial review on any ground or grounds other than (a) outright excess of jurisdiction, or (b) denial of procedural justice, as those two grounds were described by the Court of Appeal in R (On the application of Cart) v the Upper Tribunal and others [2010] 4 All ER 714, [2010] EWCA Civ 859 (‘Cart’), and, if so, on what other ground or grounds. That is the preliminary issue which has to be determined in this application for judicial review.’
Held: The reasoning in Cart, in which the decision that was under review came from the Social Entitlement Chamber, applied to unappealable decisions of the Immigration and Asylum Chamber of the Upper Tribunal too.
Judges:
Sullivan LJ
Citations:
[2010] EWHC 3558 (Admin)
Links:
Cited by:
Cited – EBA v Advocate General for Scotland SC 21-Jun-2011
The appellant had sought to challenge refusal of disability living allowance. Ultimately her request a judicial review of the Upper Tribunal’s decion was rejected on the basis that the UT, being a court of superior record, was not susceptible to . .
Lists of cited by and citing cases may be incomplete.
Immigration, Judicial Review
Updated: 15 September 2022; Ref: scu.441244