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Upper Tribunal reopens another Cart case


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The headnote for PB (“Cart” judicial reviews: “new” grounds) Sri Lanka [2022] UKUT 154 (IAC) seems to bear little relation to the facts or the reasons in the case:

The Supreme Court in Cart v the Upper Tribunal [2011] UKSC 28; [2011] Imm AR 704 did not intend a judicial review of a decision of the Upper Tribunal to refuse permission to appeal to be no more than a third or fourth opportunity to raise new grounds which do not allege errors of a “Robinson” obvious nature.

Despite this gripe, which is nowhere stated in the actual decision, the Upper Tribunal did allow amendment of the grounds and then remitted the case to the First-tier Tribunal for re-determination on the basis that there was an obvious error of law in the original FTT decision. One that had not been detected prior to the Cart judicial review. Nevertheless, as the tribunal is at pains to observe at the start of the decision, the Cart safeguard will be severely curtailed if or when section 2 of the Judicial Review and Courts Act 2022 comes into effect. 

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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.