R (on the application of Sunassee) v Upper Tribunal (Immigration And Asylum Chamber)

Immigration – Leave to remain. The claimant Mauritian national sought judicial review of the decision of the defendant Upper Tribunal (Immigration and Asylum Chamber) (the UT), dismissing his renewed application for permission to appeal. The Administrative Court, in refusing permission, held that it was arguable that the UT should have found that it was arguable that the First-tier Tribunal (Immigration and Asylum Chamber) (the FTT) decision had involved the making of an error on a point of law and that it should have approached the application on the basis that it had been arguable that it had had jurisdiction to hear an appeal. However, it had not been arguable that the FTT's decision should be set aside.

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