Following the Supreme Court’s judgment in R (Cart) v The Upper Tribunal and R (MR (Pakistan) v The Upper Tribunal, the Supreme Court clarified its relationship with the Upper Tribunal stating that an Upper Tribunal decision can be subject to a Judicial Review claim where there is a fundamental principle or practice in dispute or where there are other compelling reasons for the Supreme Court to hear. The process by which an Immigration Judicial Review of an Upper Tribunal decision takes place is referred to as the CART Style Immigration Judicial Review.
The Divisional Court and Court of Appeal Judgement on CART Style Judicial Review
In the Divisional Court, the UK Government had suggested that the Upper Tribunal’s status of a “superior court of record” meant that it was immune from being overseen by the High Court and suggested that Judicial Claims cannot be made on Upper Tribunal decisions. However, Laws LJ fundamentally changed this position by deciding that Upper Tribunal decisions could be subject to Judicial Review claims where there are substantial legal mistakes and “in the grossly improbable event that [the Upper Tribunal] were to embark upon a case that was frankly beyond the four corners of its statutory remit” or where there has been an exceptional collapse of fair procedure.
In the Court of Appeal, the UK Government shifted away from their argument that the Upper Tribunal was the alter ego of the High Court. This was view was agreed by Sedley LJ who stated “the [Upper Tribunal] is not an avatar of the High Court at all: far from standing in the High Court’s shoes…the shoes the [Upper Tribunal] stands in are those of the tribunals it has replaced”. Once the Court of Appeal had established that the Upper Tribunal was not immune to the High Court’s Judicial Review jurisdiction, the Court of Appeal held that the Upper Tribunal decisions may be subject to a Judicial Review claim where the Upper Tribunal had committed a grave error of jurisdiction or had committed a procedural mistake which has resulted in the Claimant being denied a fair hearing contrary to Article 6 ECHR.
Supreme Court Decision – CART Style Judicial Review
The Supreme Court clarified its relationship with the Upper Tribunal and described in which circumstances an Upper Tribunal decision may be subject to a Judicial Review claim. In the case of R (Cart) v Upper Tribunal, the claimant had failed in an appeal to the First Tier Tribunal (FTT) and was subsequently also refused permission to appeal to the Upper Tribunal by both the FTT and Upper Tribunal itself. Following the Upper Tribunal’s decision, the Claimant sought Judicial Review of the Upper Tribunal’s decision to refuse his application for permission to appeal.
The key judgement, in this case, was given by Lady Hale who held that the main purpose of Judicial Review feature of the High Court was the importance of ensuring that the decisions handed down are in accordance with the law. Lady Hale recognised that the Tribunals and Courts could make mistakes and should be accountable for their errors. Lady Hale rejected the “exceptional circumstances” approach and described the approach taken by the Court of Appeal as “too narrow”. Lady Hale favoured the Second-Tier appeals criteria and stated: “the adoption of the second-tier appeals criteria would be a rational and proportionate restriction upon the availability of Judicial Review of the refusal by the Upper Tribunal of permission to appeal to itself”.
The Supreme Court also dismissed the appeals in the cases of Cart and MR (Pakistan) but on a different basis from that adopted in the Divisional Court and the Court of Appeal. However, it is now clear that the Upper Tribunal decisions which attract no right of appeal may be subject to Judicial Review. The Supreme Court clarified that Judicial Review claims can be made where there is a point of principle or practice in dispute or where there are other compelling reasons for the Supreme Court to hear.
The Supreme Court Decision can be found at: R (Cart) v The Upper Tribunal – LEXVISA Solicitors and Barristers
Using Legal Representation for a CART Style Judicial Review
Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration status. It is possible to instruct an immigration and visa legal representative to file a successful CART Style Judicial Review claim.
Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your application succeeds, all necessary documents must be provided.
This can be a significant administrative task and you will need to submit the correct documentary evidence. The UK Immigration Rules are complex and a legal representative can help ensure that your application meets the Immigration Rules.
Successful Immigration CART Style Judicial Review
Our team of solicitors and barristers are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your immigration status and the merit of your visa and immigration application before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation of your immigration and visa application and ensure that you meet all the requirements of the relevant rules.
We are based in the legal epicentre of London, just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients. LEXVISA is just minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts.
Preparation is the key to successful immigration applications. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation.
Contact our London immigration solicitors on 02071830570 or complete our contact form.