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Appeals to Court of Appeal from Cart judicial reviews

Just a quick note on this. As I previously mooted (‘Judicial review of Upper Tribunal‘), it is possible to appeal to the Court of Appeal from refusal of permission in a Cart-type judicial review of a decision of the Upper Tribunal to refuse permission to appeal to itself. However, there is a seven day time limit — which is easy to be caught out by if you do not already know about it — and there is no possibility of oral renewal in the Court of Appeal.

CPR 52.15 provides as follows:

Judicial review appeals

(1) Where permission to apply for judicial review has been refused at a hearing in the High Court, the person seeking that permission may apply to the Court of Appeal for permission to appeal.

(1A) Where permission to apply for judicial review of a decision of the Upper Tribunal has been refused by the High Court or where permission to apply for judicial review has been refused and recorded as totally without merit in accordance with rule 23.12 –

(a) the applicant may apply to the Court of Appeal for permission to appeal;

(b) the application will be determined on paper without an oral hearing.

(2) An application in accordance with paragraphs (1) or (1A) must be made within 7 days of the decision of the High Court to refuse to give permission to apply for judicial review.

(3) On an application under paragraph (1), the Court of Appeal may, instead of giving permission to appeal, give permission to apply for judicial review.

(4) Where the Court of Appeal gives permission to apply for judicial review in accordance with paragraph (3), the case will proceed in the High Court unless the Court of Appeal orders otherwise.

It is difficult to imagine circumstances where the seven day time limit would be extended, so this should be considered a hard deadline.

Colin Yeo
Colin Yeo A barrister specialising in UK immigration law at Garden Court Chambers in London, I have been practising in immigration law for 15 years. I am passionate about immigration law and founded and edit the Free Movement immigration law blog.

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