TN (Vietnam) & Anor, R. (On the Application of) v Secretary of State for the Home Department & Anor

TN (Vietnam) & Anor, R. (On the Application of) v Secretary of State for the Home Department & Anor

The First-tier Tribunal (Immigration and Asylum Chamber) does not have jurisdiction to set aside earlier appeal decisions made under the 2005 Fast Track Rules, as there was no equivalent power in those rules and the 2014 Rules do not have retrospective effect. The relevant 2014 Rules are intra vires the enabling statute and properly restrict the FTT's powers.

Parties
Claimant: TN (Vietnam); Claimant: US (Pakistan); 1st Defendant: First-tier Tribunal (Immigration and Asylum Chamber); 2nd Defendant: Lord Chancellor; Interested Party: Secretary of State for the Home Department; Interested Parties: 31 Other Appellants
Jurisdiction
England and Wales
Judgment Date
19 December 2018
Procedural Posture
Judicial Review / Judgment After Full Hearing
Outcome
Claim for judicial review dismissed; earlier appeal decision in the case of US quashed by the High Court.
Legal Topics
Tribunal Jurisdiction, Ultra Vires, Retrospective Application of Rules, Finality of Litigation
Administrative Law Immigration Law Tribunal Jurisdiction Ultra Vires Retrospective Application of Rules Finality of Litigation

Case Brief

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Parties

TN (Vietnam)

Claimant

US (Pakistan)

Claimant

First-tier Tribunal (Immigration and Asylum Chamber)

1st Defendant

Lord Chancellor

2nd Defendant

Secretary of State for the Home Department

Interested Party

31 Other Appellants

Interested Parties

Procedural Posture

Judicial Review / Judgment After Full Hearing

Legal Issues

  1. 1 Whether the First-tier Tribunal (Immigration and Asylum Chamber) has jurisdiction to set aside earlier appeal decisions made under the 2005 Fast Track Rules, declared ultra vires
  2. 2 Whether the 2014 Tribunal Procedure Rules confer retrospective jurisdiction to set aside such decisions
  3. 3 Whether the relevant 2014 Rules are ultra vires the enabling statute

Ratio Decidendi

The First-tier Tribunal (Immigration and Asylum Chamber) does not have jurisdiction to set aside earlier appeal decisions made under the 2005 Fast Track Rules, as there was no equivalent power in those rules and the 2014 Rules do not have retrospective effect. The relevant 2014 Rules are intra vires the enabling statute and properly restrict the FTT's powers.

Court Disposition

Claim for judicial review dismissed; earlier appeal decision in the case of US quashed by the High Court.

Orders

  • Claim for judicial review of the FTT is dismissed.
  • Appeal against the decision of Ouseley J is dismissed save that the earlier appeal decision by the FTT in the case of US is quashed by the High Court.