Parekh v Upper Tribunal (Immigration & Asylum chamber) & Anor

Parekh v Upper Tribunal (Immigration & Asylum chamber) & Anor

Rule 52.15(1A) precludes a renewed oral hearing for permission to appeal in judicial review cases of Upper Tribunal decisions, and applies to claims issued before 1 October 2012 as a procedural provision without transitional exceptions.

Parties
Applicant: Parekh; Respondents: Upper Tribunal (Immigration & Asylum Chamber) & Anr
Jurisdiction
England and Wales
Judgment Date
23 May 2013
Procedural Posture
Judicial Review Appeal / Application for Permission to Appeal to Court of Appeal After Refusal by High Court
Outcome
Application refused
Legal Topics
Judicial Review, Permission to Appeal, Procedural Rules, Retrospective Application of Procedural Rules

Case Brief

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Parties

Parekh

Applicant

Upper Tribunal (Immigration & Asylum Chamber) & Anr

Respondents

Procedural Posture

Judicial Review Appeal / Application for Permission to Appeal to Court of Appeal After Refusal by High Court

  1. 1 Whether Rule 52.15(1A) of the Civil Procedure Rules precludes a renewed oral hearing for permission to appeal after refusal on the papers
  2. 2 Whether Rule 52.15(1A) applies to claims issued before 1 October 2012

Ratio Decidendi

Rule 52.15(1A) precludes a renewed oral hearing for permission to appeal in judicial review cases of Upper Tribunal decisions, and applies to claims issued before 1 October 2012 as a procedural provision without transitional exceptions.

Court Disposition

Application refused

Orders

  • Court has no further jurisdiction to entertain the application for permission to appeal
  • Decision of Sir Richard Buxton is final