Mr Justice Lane and Mr Michael Clements issue new guidance aimed at those making applications and the judges considering them
Mr Justice Lane, President of the Upper Tribunal (Immigration and Asylum Chamber), and Mr Michael Clements, President of the First-tier Tribunal (Immigration and Asylum Chamber), on Friday published new presidential guidance on permission to appeal to the Upper Tribunal.
Image credit: UK GovernmentYou can download the guidance here and EIN members can read a HTML format version of the guidance here.
The guidance note is concerned with the process of deciding whether to grant permission to appeal, and it aims to assist both those making applications for permission to appeal to the Upper Tribunal (Immigration and Asylum Chamber) and those considering them.
Mr Justice Lane and Mr Michael Clements explain:
"The guidance is for judges considering whether to grant permission to appeal from a decision of the First-tier Tribunal IAC to the Upper Tribunal. It is also intended to inform interested parties
"The consideration of an application for permission to appeal is a judicial decision for the individual judge performing it. The guidance does not modify or replace the legal obligations of a judge considering such a matter.
"The guidance is, in particular, intended to assist judges in their task by drawing attention to case law and commonly occurring issues, as well as reflecting the experience of those judges who have been undertaking this function, whether as judges of the First-tier Tribunal or the Upper Tribunal."
It replaces the guidance note on permission to appeal to the Upper Tribunal originally issued in 2011 and subsequently amended in 2013 and 2014.