UTIAC (i) An appeal lies to the Court of Appeal against a costs order of the Upper Tribunal made in immigration judicial review proceedings.
(ii) In determining cost issues the Upper Tribunal will apply M v London Borough of Croydon [2012] EWCA Civ 595.
(iii) Provided that a costs decision of the Upper Tribunal is in harmony with established principles and has a tenable basis, permission to appeal to the Court of Appeal is unlikely to be granted because cost decisions involve a substantial measure of discretion dependent upon one particular factual matrix.
(iv) In judicial review proceedings where permission to appeal is not determined at a hearing, the time limit for applying to the Upper Tribunal for permission to appeal to the Court of Appeal is one calendar month, beginning on the date immediately following the day upon which the Tribunal’s substantive decision was sent and ending on the corresponding date in the immediately succeeding month.
(v) This time limit is capable of being extended in accordance with established principles and giving effect to the overriding objective.
(vi) Every Permission to Appeal (PTA) application must be made in writing. There is no prescribed form.
(vii) In judicial review cases, the prescribed fee for an application for permission to appeal to the Court of Appeal is presently andpound;45.00. Such applications do not require notice to the other parties.
(viii) The substantive requirements for every permission to appeal application are enshrined in rule 44(7) of the Tribunal Procedure (Upper Tribunal) Rules 2008 and are of cardinal importance.
(ix) A failure to comply with rule 44(7) engages the Upper Tribunal’s discretionary strike out powers under rule 8. The Tribunal will assess in particular the nature and gravity of the non-compliance and will give effect to the principles in R (SN) v SSHD (striking out – principles) IJR [2015] UKUT 227 (IAC).
[2015] UKUT 594 (IAC)
Bailii
England and Wales
Immigration, Costs
Updated: 01 November 2021; Ref: scu.565368