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El Presidente to minions: “stop granting permission already!”

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Another reported case that would perhaps have been more effective and appropriate as a passive-aggressive Post-it note stuck on the office kettle at Tribunal HQ:

Permission should not be granted on the grounds as pleaded if there is, quite apart from the grounds, a reason why the appeal would fail.

That’s the whole headnote. All of it. From OK (PTA; alternative findings) Ukraine [2020] UKUT 44 (IAC).

Notably the determination is written by one D O’Callaghan, formerly of Landmark Chambers and much missed at the immigration bar, who heard the case alongside President Lane. The determination is sound, naturally, but why on earth was it selected for reporting when so many other more interesting and important cases are not?

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Colin Yeo

Immigration and asylum barrister, blogger, writer and consultant at Garden Court Chambers in London and founder of the Free Movement immigration law website.

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