FE v Upper Tribunal (Secretary of State for the Home Department joined as interested party)

GCN's Lucy Mair represented FE, a victim of trafficking, before the First Tier Tribunal (Immigration and Asylum Chamber). The appeal was dismissed, and permission to appeal was refused by the First Tier and Upper Tier Tribunals.

An application was made for judicial review of the refusal of permission by the Upper Tier Tribunal. Such applications are dealt with using a much more stringent procedure with a limitation period of only 16 days and no right to renew a refusal of permission to an oral hearing. CART JRs are also subject to the “second-appeals test” requiring that either the case would raise an important point of principle or practice; or there is some other legally compelling reason for the Court to hear it.

Despite this high test, permission was granted for judicial review by Mr Justice Stewart, on the papers, who observed “I have concerns… about the procedural fairness ground."  The Secretary of State is contesting the judicial review which will be listed for a full substantive hearing in the Admin Court.

Lucy Mair is instructed by Carita Thomas of Howells Solicitors.

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