Post
by Obie » Tue Jun 10, 2014 1:18 pm
Yes you can do that under the Cart Procedure. But the second appeal test will apply, as application to judicial review a refusal of permissio to appeal the upper tribunal prefusal of permission to appeal, is an excluded decision.
There is no section 3(c) right at play now, except if the high court was to quash the decision of the upper tribunal to refuse permission. It is a very difficult type of JR and most people fail. You will be required to pay the UKBA cost for filing Acknowledgement of service.
In those circumstance, there is no section 3(c) right.
Smooth seas do not make skilful sailors