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Upper Tribunal considers its powers to set aside its own decisions


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The Upper Tribunal in this case considers its powers to set aside its own decisions. The official headnote:

The decision of the Court of Appeal in Patel [2015] EWCA Civ 1175 entails the view that the Upper Tribunal’s powers to set aside its own decisions are limited to those in rules 43 and 45-6 of the Upper Tribunal Rules.

This is actually a case from July which I seem to have somehow missed over the summer. The determination includes an interesting review of the jurisprudence and history of the tribunal’s powers of set aside, if you like that kind of thing. Which I do, tragically. The main practical import really seems to be that where the Upper Tribunal refuses permission to appeal to itself, the only remedy is a Cart judicial review. Some had thought otherwise, and they were wrong.

Source: Jan (Upper Tribunal: set-aside powers : Pakistan) [2016] UKUT 336 (IAC) (7 July 2016)

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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.