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New application form and guidance for Bulgarian and Romanian applications Mon January 16

The UK Border Agency has published a new version of Form BR3, which is used to apply for an accessio

Update for Tier 4 sponsors: educational oversight and other changes Tue January 10

An update for Tier 4 sponsors about educational oversight and information about changes coming into

Tier 1 (Exceptional talent) - new procedure for Arts Council England endorsement Tue January 3

From today, applicants under Tier 1 (Exceptional talent) of the points-based system must follow a ne

Taiwan is added to the Tier 5 youth mobility scheme Thu December 22

From 1 January 2012, Taiwan will join the list of countries and territories that participate in the

London 2012 Games spectators: visa applications open from 1 January 2012 Tue December 20

From 1 January 2012 you can apply for visitor visas to come to the UK to watch the Games.

The Upper Tribunal – 1

Posted by Mark Symes on 23 April 2010

The Upper Tribunal – 1

Will we see a new era of superior decision making now we have the Immigration and Asylum Chamber of the Upper Tribunal ? There is certainly a radical change of personality, given that doyen of refugee advocates Nicholas Blake heads the operation in his judicial persona. And judges of the higher courts are members of both Upper Tribunal and the First-tier Tribunal, so we may see judges familiar to us from the Court of Appeal and elsewhere appearing in Field House. But there are differences of legal power, too. The Upper Tribunal’s predecessors were creatures of statute, and possessed no inherent powers beyond those necessary to prevent their procedures from abuse: they were, as they declared from time to time, mere creatures of statute. The Upper Tribunal too is born of legislation – but it still possesses some more muscular features than its forerunners: it is a superior court of record (Tribunal Courts and Enforcement Act 2007 s 3(1)), and has the same powers, rights, privileges, and authority as the High Court in relation to the attendance and examination of witnesses, production and inspection of documents, and all other matters incidental to its own functions (Tribunal Courts and Enforcement Act 2007 s 25(1)). So advocates should bear these in mind when planning their future tactics in court, especially when seeking directions for disclosure.

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