(i) A decision of the Upper Tribunal refusing to exercise its power to reinstate a judicial review claim which has been struck out may be the subject of an application for permission to appeal to the Court of Appeal.
(ii) Such a decision, given its nature and consequences, is not to be equated with a mere case management decision.
(iii) Every decision upon an application to reinstate must give effect to the overriding objective.
(iv) Rule 8 of the Tribunal Procedure (Upper Tribunal) Rules 2008 provides the only mechanism for challenging a strike out order. Rule 43 has no application in this context.
Citations:
[2017] UKUT 123 (IAC)
Links:
Jurisdiction:
England and Wales
Immigration
Updated: 31 January 2022; Ref: scu.588802