AA, R (on the application of) v The Upper Tribunal & Anor

AA, R (on the application of) v The Upper Tribunal & Anor

While it is strongly arguable that the FTT and Upper Tribunal failed to properly apply the best interests of the child test as required by section 55 BCIA 2009 and ZH (Tanzania), the claimant was nearly 18, in contact with family, and the consequences were not sufficiently extreme to meet the 'second appeal test' (Cart test). Therefore, the application for judicial review is dismissed.

Parties
Claimant: AA; Defendant: The Upper Tribunal; Interested Party: Secretary of State for the Home Department
Jurisdiction
England and Wales
Judgment Date
19 July 2012
Procedural Posture
Judicial Review / Judgment After Substantive Hearing on Application for Judicial Review of Upper Tribunal's Refusal of Permission to Appeal
Outcome
Claim dismissed; permission to appeal granted; costs awarded to Interested Party subject to public funding limitations.
Legal Topics
Asylum, Humanitarian Protection, Article 8 ECHR (right to Private and Family Life), Section 55 Borders Citizenship and Immigration Act 2009, Best Interests of the Child, Judicial Review, Second Appeal Test (cart)
Immigration Law Administrative Law Human Rights Law Child Law Asylum Humanitarian Protection Article 8 ECHR (right to Private and Family Life) Section 55 Borders Citizenship and Immigration Act 2009 +3 more

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Parties

AA

Claimant

The Upper Tribunal

Defendant

Secretary of State for the Home Department

Interested Party

Procedural Posture

Judicial Review / Judgment After Substantive Hearing on Application for Judicial Review of Upper Tribunal's Refusal of Permission to Appeal

Legal Issues

  1. 1 Whether the First Tier Tribunal (FTT) erred in law in its treatment of the claimant's Article 8 ECHR rights and the best interests of the child under section 55 BCIA 2009
  2. 2 Whether the Upper Tribunal erred in refusing permission to appeal
  3. 3 Whether the 'second appeal test' (Cart test) was met so as to justify judicial review of the Upper Tribunal's refusal

Ratio Decidendi

While it is strongly arguable that the FTT and Upper Tribunal failed to properly apply the best interests of the child test as required by section 55 BCIA 2009 and ZH (Tanzania), the claimant was nearly 18, in contact with family, and the consequences were not sufficiently extreme to meet the 'second appeal test' (Cart test). Therefore, the application for judicial review is dismissed.

Court Disposition

Claim dismissed; permission to appeal granted; costs awarded to Interested Party subject to public funding limitations.

Orders

  • The claim is dismissed.
  • The full costs of the claim incurred by the Interested Party are to be determined by a Costs Judge or District Judge.