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30 June 2011
Issue: 7472 / Categories: Case law , Law reports , In Court
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Judicial review—Availability of remedy—Upper Tribunal

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R (on the application of Cart) v Upper Tribunal; R (on the application of MR (Pakistan)) v Upper Tribunal (Immigration and Asylum Chamber) and another [2011] UKSC 28, [2011] All ER (D) 149 (Jun)

Supreme Court, Lord Phillips P, Lord Hope DP, Lord Rodger, Lady Hale, Lord Brown, Lord Clarke and Lord Dyson, 22 Jun 2011

Judicial review by the High Court of a refusal by the Upper Tribunal of permission to appeal to itself is available, but it is confined to the application of the second-tier appeals criteria, namely where: (i) the proposed appeal raises some important point of principle or practice; or (ii) there is some other compelling reason.

Richard Drabble QC and Charles Banner (instructed by Bates Wells & Braithwaite LLP) for Cart. Manjit Gill QC, Natsai Manyarara and Jay Patel (instructed by Archer Fields Solicitors) for MR. The respondent tribunals did not appear and were not represented. James Eadie QC and Samuel Grodzinski (instructed by DWP/DH Legal Services and the Treasury Solicitor) for the Secretaries of State for Justice and for the Home Department and

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