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No appeal to Court of Appeal until Upper Tribunal appeal concluded

No appeal to Court of Appeal until Upper Tribunal appeal concluded

The Upper Tribunal has ruled that there is no right of appeal to the Court of Appeal against decisions of the Upper Tribunal until Upper Tribunal appeal is finally concluded. This means there is no right of appeal to the Court of Appeal against an Upper Tribunal decision that there was or was not an error of law committed by the First-tier Tribunal. The official headnote:

In a statutory appeal, the right of appeal under s 13 of the 2007 Act does not arise until the Upper Tribunal has completed the process required by s 12.

I cannot imagine this decision being overturned by the Court of Appeal, which is already overwhelmed by work and is having to restrict rights of appeal.

Source: VOM (Error of law – when appealable : Nigeria) (Rev 1) [2016] UKUT 410 (IAC) (10 August 2016)

Colin Yeo
Immigration and asylum barrister, blogger, writer and consultant at Garden Court Chambers in London and founder and editor of the Free Movement immigration law website.

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