Judicial Review Bill will remove ability to have appeal reopened if rejected by lower and upper immigration tribunals
The Judicial Review bill, published on 21 July 2021, will remove the option of applying to the High Court if the upper and lower immigration tribunals reject a case, save for some limited exceptions. Data on how many of these appeals currently succeed is unclear, but it appears to be low.
There are limited exceptions to this, where the High Court will consider reopening matters. These are limited to the following:
- The tribunal acted in bad faith;
- The tribunal was in fundamental breach of the principles of natural justice
- The tribunal was not properly constituted; or
- The permission application was invalid.
It will likely be rare that any of these exceptions apply, and this would, therefore, potentially have large consequences for a small number of individuals.
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