MD Ayaz Karim, R (on the application of) v Upper Tribunal (Immigration and Asylum Chamber)
[2024] EWHC 1368 (Admin)
LA (Albania), R (on the application of) v The Upper Tribunal (Immigration & Asylum Chamber)
16 November 2023
[2023] EWCA Civ 1337
Court of Appeal
Ms LA lost her asylum appeal. A new law limits when courts can review asylum appeal decisions. The court said this law is clear and Ms LA's case didn't meet the exceptions to the law, so her appeal was dismissed.
Key Facts
- •Ms LA, an Albanian citizen, claimed asylum in the UK, alleging persecution due to being a lesbian Muslim.
- •Her asylum claim was refused by the Secretary of State and subsequently dismissed by the First-tier Tribunal (FTT).
- •The Upper Tribunal refused permission to appeal the FTT's decision.
- •Ms LA sought judicial review of the Upper Tribunal's decision, which was refused by the High Court on jurisdictional grounds (Section 11A of the 2007 Act).
- •This appeal concerns the High Court's decision and the interpretation of Section 11A.
Legal Principles
Section 11A of the Tribunals, Courts and Enforcement Act 2007 limits the High Court's supervisory jurisdiction over Upper Tribunal decisions refusing permission to appeal.
Tribunals, Courts and Enforcement Act 2007, Section 11A
The High Court's supervisory jurisdiction can be limited by Parliament using clear language; the courts must give effect to Parliament's will.
R(Oceana) v Upper Tribunal [2023] EWHC 791 (Admin)
The scope of judicial review of Upper Tribunal decisions is limited to cases of outright excess of jurisdiction or denial of fundamental justice (pre-Anisminic test).
R(Cart) v Upper Tribunal [2011] UKSC 28
To challenge a decision under Section 11A(4), a genuinely disputable question must exist regarding the applicability of the exceptions.
Frater v The Queen [1981] 1 WLR 1468 and Alleyne-Forte v Attorney General of Trinidad and Tobago [1998] 1 WLR 68
Outcomes
The Court of Appeal dismissed Ms LA's application for permission to appeal.
The Court found that Section 11A effectively limits judicial review of Upper Tribunal decisions, and Ms LA's claim did not fall within the exceptions outlined in Section 11A(4). The High Court lacked jurisdiction.
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