P, R (On the Application Of) v Upper Tribunal

P, R (On the Application Of) v Upper Tribunal

Permission to apply for judicial review is granted because there were serious errors of law in failing to consider the best interests of the child and the right to family life, and the reasons given by the First-tier Tribunal were inadequate.

Source-derived case information.

Parties
Claimant: P; Defendant: Upper Tribunal
Jurisdiction
England and Wales
Judgment Date
21 November 2012
Procedural Posture
Judicial Review (cart Application) / Permission to Apply for Judicial Review
Outcome
Permission to apply for judicial review granted
Legal Topics
Judicial Review, Best Interests of the Child, Article 8 ECHR (right to Family Life), Section 55 BCIA, Family Reunion Policy
Immigration Law Administrative Law Family Law Judicial Review Best Interests of the Child Article 8 ECHR (right to Family Life) Section 55 BCIA Family Reunion Policy

Source-derived case record

Summary, issues, holding and outcome

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Parties

P

Claimant

Upper Tribunal

Defendant

Procedural Posture

Judicial Review (cart Application) / Permission to Apply for Judicial Review

Legal Issues

  1. 1 Whether the Upper Tribunal erred in refusing permission to appeal the First-tier Tribunal's decision
  2. 2 Whether the best interests of the child (first claimant) were properly considered under section 55 BCIA and ZH (Tanzania)
  3. 3 Whether the right to family life under Article 8 ECHR was adequately addressed

Ratio Decidendi

Permission to apply for judicial review is granted because there were serious errors of law in failing to consider the best interests of the child and the right to family life, and the reasons given by the First-tier Tribunal were inadequate.

Court Disposition

Permission to apply for judicial review granted

Orders

  • Permission to apply for judicial review is granted to the claimants.
  • Expedition is directed with a not before date of 15 January 2013 for the hearing.