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Dear All,

Can someone guide me please regarding immigration cases in high court or supreme court.

When can i go to high court after losing in upper tribunal . ?

Is there any restriction to go to high courts? Any special requirements ?

Regardless of presence of error of law or not in the upper tribunal decision.

I will be very thankful for every one's reply.

Thanks,

jaggerj wrote:Dear All,

Can someone guide me please regarding immigration cases in high court or supreme court.

When can i go to high court after losing in upper tribunal . ?

Is there any restriction to go to high courts? Any special requirements ?

Regardless of presence of error of law or not in the upper tribunal decision.

I will be very thankful for every one's reply.

Thanks,

IS THERE ANYONE TO REPLY PLEASE?
THANKS,

Immigration appeals and JRs are not to be heard at the High court, perhaps you mean the Court of Appeal? Yes there are barriers.

It is very difficult to appeal the Upper Tribunal's decision to the relevant appellate court (Court of Appeal or the Court of Session). To do this, you will need to overcome the hurdle of the Second Appeal Test, that is; by establishing an error of law from an UT decision is not enough to be granted permission to appeal to these courts.

To appeal to these courts, appellant must satisfy the following;
 that the proposed appeal would raise some important point of principle or practice, or
 that there is some other compelling reason for the [Court of Appeal] to hear the appeal

The Second Appeal Test does not apply where the UT is the first court deciding a case, for example in a JR decision, the second appeal test does not apply.

Thank you Gozo1.