NA & Anor, Re Judicial Review

for judicial review of a decision by the Upper Tribunal (Immigration and Asylum Chamber) to refuse to grant the petitioners permission to appeal.

[1] In this petition for judicial review, the petitioners seek reduction of the decision by the Upper Tribunal (Immigration and Asylum Chamber) to refuse permission to appeal from the decision of the FTT adverse to their case.

[2] The petition came before Lord McEwan at a procedural first hearing. Lord McEwan allowed the petition to be adjusted and thereafter, for reasons given orally and set out in a note attached to his interlocutor, appointed the petition to a substantive first hearing on 5 March 2014.

[6] In those circumstances it seemed to me that there was nothing further to discuss at any substantive first hearing. Mr Maciver said that he would wish to argue at that substantive first hearing that the Eba test was not met. With great respect, however, it seems to me that it is too late for that. The point was argued and Lord McEwan held that it was met.

[10] I was not persuaded that the loss of a right to reclaim to the Inner House was a good reason for refusing the motion. Appeals at this stage are, in my view, not to be encouraged. It is in the interests of all parties that the final determination of the petitioners' status is made as soon as possible. Transferring the case to the Upper Tribunal appears to offer the best prospect of this happening. Accordingly, I granted the motion.