Patel and others v Secretary of State for the Home Department

Immigration – Appeal. The Court of Appeal, Civil Division, held, among other things, that, given the terms of ss 13(1), 13(8)(c) and 11(4)(b) of the Tribunals, Courts and Enforcement Act 2007, a 'decision' of the Upper Tribunal (Immigration and Asylum Chamber) (the UT) to grant permission to appeal constituted an 'excluded decision'. Once an 'excluded decision' had been made by the UT, then the UT had no power to 'review' it, by virtue of the terms of s 10(1) of the Act.

Category: