What is Judicial Review and simple appeal to court of appeal

[jankk]

Hy i am just wondering when Upper Tribunal refuses my appeal i have the right to seek permission from Upper tribunal to appeal to the court of appeal.

If Upper tribunal refuses to give permission then i have the right to appeal to the court of appeal directly.

If court of appeal refuses the permission to appeal to itself then i have right to ask them to reconsider the appeal on oral basis.


Now as Upper tribunal refused my appeal i am in the process of seeking permission from them to appeal to Court of Appeal.

Now shall i proceed with that permission from Upper tribunal as they have refused my appeal to appeal to Upper tribunal against first tribunal error of law or shall i go straight for Judicial Review.

What is the difference between judicial review and appealing to court of appeal or seeking permission form Upper tribunal to appeal to court of appeal ?

I would be very thankful for specific and honest answer.


Kind Regards

[Obie]

Well a refusal of permission to appeal to the Upper Tribunal to appeal to the Upper Tribunal, is an excluded decision and hence cannot be appealed to the Court of Appeal.

You only option is to JR the upper tribunal refusal to grant you permission.

Such application can only succeed if your JR meet the Seconds appeal test. This is whether there are important point of principle or practice, or whether there are compelling reasons why the case should be heard.

It is quite a stringent test. Simply pointing error of law is not enough. There has to be more.

I will advice you seek an expert opinion on this before proceeding, as this process can be quite costly.

[jankk]

Well a refusal of permission to appeal to the Upper Tribunal to appeal to the Upper Tribunal, is an excluded decision and hence cannot be appealed to the Court of Appeal.

You only option is to JR the upper tribunal refusal to grant you permission.

Such application can only succeed if your JR meet the Seconds appeal test. This is whether there are important point of principle or practice, or whether there are compelling reasons why the case should be heard.

It is quite a stringent test. Simply pointing error of law is not enough. There has to be more.

I will advice you seek an expert opinion on this before proceeding, as this process can be quite costly.

But it says on Justice.gov.uk webiste that after refusal of permission by upper tribunal to appeal to upper tribunal, Further application can be made to upper tribunal to get permission to appeal to court of appeal. if they don't give permission. an appelant can go directly to court of appeal ?

No where in this website is mentioned about judicial review. As far as my knowledge permits i think judicial review is the review which one takes against the decision of UKBA case worker who refuses the visa initially ?

i hope you understand what i mean here .

thanks

[Obie]

That is not correct. I am sure you did not read that from the Justice ministry website.

If the upper tribunal refuse you permission to appeal to them, you can only challenge such refusal by means of Judicial review.

If you had permission to appeal to the Upper Tribunal and your appeal was dismissed, then you can challenge this at the Court of Appeal.

[jankk]

That is not correct. I am sure you did not read that from the Justice ministry website.

If the upper tribunal refuse you permission to appeal to them, you can only challenge such refusal by means of Judicial review.

If you had permission to appeal to the Upper Tribunal and your appeal was dismissed, then you can challenge this at the Court of Appeal.

OK if its right then in how many days can i go for Judicial Review after been refused by Upper tribunal. and what will be my status in between refusal by upper tribunal and application for judicial review ? is it still be legal and cover by section 3d of immigration act 1971.

[jankk]

That is not correct. I am sure you did not read that from the Justice ministry website.

If the upper tribunal refuse you permission to appeal to them, you can only challenge such refusal by means of Judicial review.

If you had permission to appeal to the Upper Tribunal and your appeal was dismissed, then you can challenge this at the Court of Appeal.

Just read it on google and it says what you said above that my appeal must be heard at upper tribunal and been dismissed in order to seek permission. but my appeal hasn't been heard. I have done a mistake here as i have already send the "permission to appeal to court of appeal letter " to upper tribunal . Now will they reject it staright away or they won't take any action on it. Can i withdraw that letter by phoning them or will this letter effect my judicial review if i decided to go on that.

Thanks

[Obie]

The 16 days deadline is indeed true.

I advised you previously to seek proper legal advice from a qualified firm, as this is a complex area of law.

Also see rule 54.7A

[jankk]

The 16 days deadline is indeed true.

I advised you previously to seek proper legal advice from a qualified firm, as this is a complex area of law.

Also see rule 54.7A

Thanks for the clarification obbie. Sure i decided to seek legal advice but it is way too expensive. so from the last 2 days i have searched google and lots of lots of information about judicial review and how to file it. I am almost 70 % done with it and hopefully will file it in next 2 days from my self. As forms are not so complicated it is quite straight forward as i am in touch with all rules and regulations of courts system right from first tier tribunal.

but few questions i need to ask.

1)How can i pay the initial fee of £60, i mean is it by postal order or bank draft or what ?

2) what is the meaning of interested parties in JR Claim form. As far as i know there is no interested party who can be affected by my claim apart from respondent i.e. the secretary of state, Home department.

3) do you know the telephone number from where i can get some guidance from tribunal customer service about form and filing.

4) is Pre- action protocol compilation is must ? As far as i know i think the change of decision is in the hands of court so why to send pre-action protocol to home department secretary of state to resolve the issue with out proceeding to JR. If they wanted to resolve it they would have long ago as my solicitor filed an initial paper to them to change their decision which they didn't and my application went on to first tier tribunal.

I will be extremely delightful for such kind appropriate answers. Every note will greatly be appreciated.


Regards

[Obie]

why don't you make a new application.

JR is a serious business, if you loose, you will need to pay the Secretary of State.

Judicial Review of the Upper Tribunal is pretty difficult. You have to meet the seconds appeal test. Simply pointing out errors of law is not sufficient for you to be granted permission.

The Judge will award cost to the SOS, if you loose and this might run up to the high hundreds or thousand, for their acknowledgement of service.

The Secretary of State is usually the Interested party in these cases and the Upper Tribunal is the Defendant.

Also, the 16 days time limit has passed. Without proper reasons, the judge will reject it, without looking at the case.

If you insist on proceeding, you will need to send a cheque.