The High Court has held that, when judicially reviewing a decision of the Upper Tribunal refusing permission to appeal (known as a Cart judicial review),
The Court of Session has concluded in SOOY v Secretary of State for the Home Department [2023] CSOH 93 that the Judicial Review and Courts
The High Court has upheld the effectiveness of the ouster clause in the Judicial Review and Courts Act 2022, which ousts the jurisdiction of the
The Judicial Review and Courts Bill 2021, published yesterday, will mostly abolish the right of migrants to apply to the High Court to have an
Always a stickler for procedure, President Lane has again warned lawyers to not judicially review decisions of the Upper Tribunal refusing permission to appeal on
The government has committed to scrapping Cart judicial review and is consulting on other changes to JR as part of its response to the report
The case of JH (Palestinian Territories) v Upper Tribunal [2020] EWCA Civ 919 builds on the principle that the Home Office can be found liable for
The Upper Tribunal clearly has a tough time getting into the holiday spirit. Ejiogu (Cart cases) [2019] UKUT 395 (IAC), reported just before Christmas, is the
On a warm summer’s day in late July, five sets of appellant lawyers found themselves in Court 4 of the Upper Tribunal in Field House,
The Court of Appeal has held that the UK government can be asked to pay expenses where a judicial review has been brought against the
Thakrar (Cart JR; Art 8: value to community) [2018] UKUT 336 (IAC) is a rare example of a case where permission to appeal to the Upper
At a time when immigration practitioners are facing a wave of referrals and allegations of misconduct, the Upper Tribunal’s decision in Shah (‘Cart’ judicial review:
The case of G and H v Upper Tribunal and SSHD [2016] EWHC 239 (Admin) is notable as the first reported case of a successful substantive Cart JR
This piece started life as a practice note for welfare benefits cases but the same principles are transferrable to the immigration jurisdiction so we thought
Just a quick note on this. As I previously mooted (‘Judicial review of Upper Tribunal‘), it is possible to appeal to the Court of Appeal
Many thanks to David Saldanha of Howe and Co for this interesting note for legal aid lawyers: Practitioners will be aware that the LAA has
As of 1 October 2012 a new procedure has been introduced for judicial review of decisions by the Upper Tribunal to refuse permission to appeal
Last week, while I was away, the Supreme Court held that the Upper Tribunal can be judicially reviewed, and in much wider circumstances than envisaged
The High Court has held that, when judicially reviewing a decision of the Upper Tribunal refusing permission to appeal (known as a Cart judicial review), there is no oral permission hearing. This was the conclusion reached in Karim v Upper Tribunal (Immigration and Asylum Chamber) [2024] EWHC 1368 (Admin). The...
The Court of Session has concluded in SOOY v Secretary of State for the Home Department [2023] CSOH 93 that the Judicial Review and Courts Act 2022 has been effective in removing the ability to bring a Cart/Eba judicial review of Upper Tribunal permission to appeal decisions, except in very...
The High Court has upheld the effectiveness of the ouster clause in the Judicial Review and Courts Act 2022, which ousts the jurisdiction of the courts in Upper Tribunal permission to appeal decisions except in very limited circumstances. The decision is R (Oceana) v Upper Tribunal (Immigration and Asylum Chamber)...
The Judicial Review and Courts Bill 2021, published yesterday, will mostly abolish the right of migrants to apply to the High Court to have an appeal reopened if rejected by both chambers of the immigration tribunal. This is the process known to lawyers as a Cart or Eba judicial review....
Always a stickler for procedure, President Lane has again warned lawyers to not judicially review decisions of the Upper Tribunal refusing permission to appeal on grounds that were not before the Upper Tribunal in the first place. The case is Osefiso and another (PTA decision: effect; ‘Cart’ JR) [2021] UKUT...
The government has committed to scrapping Cart judicial review and is consulting on other changes to JR as part of its response to the report of the Independent Review of Administrative Law, both of which were published today. The abolition of the Cart procedure, which effectively gives people a second...
The case of JH (Palestinian Territories) v Upper Tribunal [2020] EWCA Civ 919 builds on the principle that the Home Office can be found liable for expenses in Cart/Eba type judicial review cases. The Court of Appeal has confirmed that the issue of costs should not be decided by the...
The Upper Tribunal clearly has a tough time getting into the holiday spirit. Ejiogu (Cart cases) [2019] UKUT 395 (IAC), reported just before Christmas, is the equivalent of a judicial smack on the hand. It is another reminder of the importance of what the tribunal describes as the “duty of...
On a warm summer’s day in late July, five sets of appellant lawyers found themselves in Court 4 of the Upper Tribunal in Field House, huddled together on what could only be characterised as “the naughty step”. Unaware at the start of the day the rationale for the hearings before...
The Court of Appeal has held that the UK government can be asked to pay expenses where a judicial review has been brought against the Upper Tribunal’s refusal to grant permission to appeal. The test case of Faqiri v Upper Tribunal (Immigration and Asylum Chamber) [2019] EWCA Civ 151 has...
At a time when immigration practitioners are facing a wave of referrals and allegations of misconduct, the Upper Tribunal’s decision in Shah (‘Cart’ judicial review: nature and consequences) [2018] UKUT 51 (IAC) comes as another timely reminder that judges are in no mood to deal with haphazard or slapdash appeals...
The case of G and H v Upper Tribunal and SSHD [2016] EWHC 239 (Admin) is notable as the first reported case of a successful substantive Cart JR against a decision of the Upper Tribunal (Immigration and Asylum Chamber) refusing permission to appeal from the First Tier Tribunal (FTT) to...
This piece started life as a practice note for welfare benefits cases but the same principles are transferrable to the immigration jurisdiction so we thought it would be helpful to share it here on Free Movement as well. If permission to appeal against a decision of a First-tier Tribunal in...
Just a quick note on this. As I previously mooted (‘Judicial review of Upper Tribunal‘), it is possible to appeal to the Court of Appeal from refusal of permission in a Cart-type judicial review of a decision of the Upper Tribunal to refuse permission to appeal to itself. However, there...
Many thanks to David Saldanha of Howe and Co for this interesting note for legal aid lawyers: Practitioners will be aware that the LAA has been refusing funding for Cart type judicial reviews of the Upper Tribunal on the basis that they were placed outside scope by para 19(5) of...
As of 1 October 2012 a new procedure has been introduced for judicial review of decisions by the Upper Tribunal to refuse permission to appeal to itself. This follows on from the Supreme Court’s judgment in Cart and MR (Pakistan) [2011] UKSC 28 (previous post). A new Rule 54.7A is...
Last week, while I was away, the Supreme Court held that the Upper Tribunal can be judicially reviewed, and in much wider circumstances than envisaged previously by the High Court and the Court of Appeal. For England and Wales the case is Cart and MR (Pakistan) [2011] UKSC 28 and...
