Jurisdiction(s):
United Kingdom

Oceana: Administrative Court confirms Cart JR ouster under TCEA 2007 s11A—JR of UT permission refusals only for fundamental natural justice breaches (England and Wales)

Published on: 20 April 2023

Published by a LexisNexis Public Law expert

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Article summary

R (on the application of Oceana) v Upper Tribunal (Immigration and Asylum Chamber) [2023] EWHC 791 (Admin)

What are the practical implications of this case?

Given the thorough consultation and investigation undertaken by the Independent Review of Administrative Law, it would have been unexpected if the Administrative Court had concluded that the meticulously framed ouster provisions were incapable of achieving their narrowly targeted aim. This ruling confirms it is exceptionally difficult to maintain that they are ineffective. It further underlines that the general jurisdictional gateway in TCEA 2007, s 11(4)—showing the UT acted ‘in such a procedurally defective way as amounts to a fundamental breach of the principles of natural justice’—poses a ‘substantial hurdle’ (at para [33]). Practitioners should note that this hurdle is usually cleared only where there is ‘a failure in process which is so grave as to rob the process of any legitimacy’ (at para [33]). Accordingly, seeking permission to judicially review a UT permission decision is undertaken at one’s peril.

What was the background?

The claimant, a national of the Philippines, arrived in the UK as a student in 2008. In 2015, the Home Office determined that she had fraudulently...

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