A New Era in Immigration Public Law: Judicial Review and the Upper Tribunal, and the Second Appeals Test

SOLD OUT (course commencing 28 September 2011)

3CPD

The Government has expressed its intention to commence Section 53 of the Borders, Citizenship and Immigration Act 2009 with effect from 1 October 2011, opening up the possibility of transfer of judicial review proceedings to the Tribunal. For now this will involve certain kinds of fresh claims for asylum: though as a matter of practice (as shown by FZ) the Administrative Court has indicated that age assessment challenges will routinely be transferred to the Upper Tribunal.

We shall be addressing topics including

(1)   Judicial review of the Upper Tribunal post-Cart and Eba

(2)   Judicial review in the Upper Tribunal: Age Assessment Transfers and Fresh Claims

(3)   Judicial review in the Upper Tribunal: Funding and Procedure  

(4)   Second Appeals post-PR Sri Lanka

Questions that will arise include:

Which kinds of fresh claims will be transferred?

What rules on procedure and evidence will apply?

How will cases be funded ?

Will the rights of audience be restricted to those with higher rights?

And what of conduct of litigation for the government side? Counsel for the Secretary of State have important professional duties, essential if the government’s duties in public law proceedings are to be effectively discharged. Will Presenting Officers now represent in judicial review proceedings?

Meanwhile, in Cart and Eba the Supreme Court has found that the Upper Tribunal is susceptible to judicial review when it refuses permission to appeal to itself: but not on unrestricted grounds. Rather, the Court considered that the adoption of the second-tier appeals criteria of public importance and compelling reasons would be a rational and proportionate restriction upon the availability of judicial review.

This event is planned to feature Speakers from the Bar, the Upper Tribunal and the Legal Services Commission.