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
Summary, issues, holding and outcome
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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
Legal Issues
- 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 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
Full Case Text
Judgment text and source record
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