Rana, R (on the application of) v Upper Tribunal (Immigration & Asylum) & Anor

Rana, R (on the application of) v Upper Tribunal (Immigration & Asylum) & Anor

A decision of a judge of the Upper Tribunal (Immigration and Asylum Chamber) refusing permission to appeal against a decision of the First-tier Tribunal is not amenable to judicial review on any grounds other than outright excess of jurisdiction or denial of procedural justice as defined in Cart.

Parties
Claimant: Rana; First Defendant: Upper Tribunal (Immigration & Asylum Chamber); Second Defendant: Secretary of State for the Home Department; Interested Party: Secretary of State for Justice
Jurisdiction
England and Wales
Judgment Date
21 December 2010
Procedural Posture
Judicial Review / Preliminary Issue Determination
Outcome
Application for judicial review on grounds other than outright excess of jurisdiction or denial of procedural justice is not permitted.
Legal Topics
Judicial Review, Tribunal Appeals, Asylum Law, Jurisdictional Limits
Administrative Law Immigration Law Judicial Review Tribunal Appeals Asylum Law Jurisdictional Limits

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Parties

Rana

Claimant

Upper Tribunal (Immigration & Asylum Chamber)

First Defendant

Secretary of State for the Home Department

Second Defendant

Secretary of State for Justice

Interested Party

Procedural Posture

Judicial Review / Preliminary Issue Determination

Legal Issues

  1. 1 Whether a decision of a judge of the Upper Tribunal (Immigration and Asylum Chamber) refusing permission to appeal is amenable to judicial review on grounds other than outright excess of jurisdiction or denial of procedural justice as defined in Cart.

Ratio Decidendi

A decision of a judge of the Upper Tribunal (Immigration and Asylum Chamber) refusing permission to appeal against a decision of the First-tier Tribunal is not amenable to judicial review on any grounds other than outright excess of jurisdiction or denial of procedural justice as defined in Cart.

Court Disposition

Application for judicial review on grounds other than outright excess of jurisdiction or denial of procedural justice is not permitted.

Orders

  • Certificate granted under section 12 of the Administration of Justice Act 1969 for leapfrog appeal to the Supreme Court.