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21 SEP 2011

R (Cart) v Upper Tribunal; R (MR (Pakistan)) v Upper Tribunal (Immigration & Asylum Chamber) [2011] UKSC 28, [2011] JPLO (Sep)

Judicial review – procedure – Judicial review of Upper Tribunal – Second appeals criteria

22 June 2011
Supreme Court
Lord Phillips; Lord Hope; Lord Rodger; Lady Hale; Lord Brown; Lord Clarke; Lord Dyson
Permission for judicial review in the High Court of an unappealable decision of the Upper Tribunal would only be given if there was an important point of principle or some other compelling reason to grant permission.
R (Cart) v Upper Tribunal [2010] EWCA Civ 859; R (MR (Pakistan)) v Upper Tribunal (Immigration & Asylum Chamber) [2010] EWHC 3558 (Admin) 
(1) Mr Cart (C) and Mr Rana (MR) appealed decisions which had dismissed their applications for judicial review of refusals of permission to appeal by the Upper Tribunal. In C’s case, both the Divisional Court ([2009] EWHC 3052 (Admin)) and Court of Appeal ([2010] EWCA Civ 859) had held decisions of the Upper Tribunal could only be subject to judicial review in strictly limited circumstances. The Court of Appeal held that these circumstances were outright excess of jurisdiction or the denial of procedural justice. In MR’s case, the High Court dismissed the case on the basis of the Court of Appeal’s decision in C’s case but certified MR’s case as appropriate for a leap-frog appeal.

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