R (on the application of B) v Secretary of State for the Home Department

Immigration – Practice. The Upper Tribunal (Immigration and Asylum Chamber) (the UT) determined that a consent order, purporting to transfer the claimant's judicial review proceedings commenced in the UT to the High Court, was a nullity. On a proper interpretation of the legislation, the assumption that it would be for the High Court to decide whether the claimant should be permitted to add a claim for a declaration of incompatibility was mistaken.

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