Nwankwo and another v Secretary of State for the Home Department

Immigration – Appeal. The test for an appeal to the Court of Appeal, Civil Division, from the Upper Tribunal (Immigration and Asylum Chamber) (the UT) in claims for judicial review heard by the UT exercising its original jurisdiction was the first appeal test. The Court of Appeal held that, although the UT had erred in applying the second appeal test, applying the correct test, there was no real prospect of success in either appeal, nor was there some other compelling reason for permitting an appeal to succeed.

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