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First reported case of a successful substantive claim for JR against permission refusal decision of UT
Garden Court North Chambers report on G and H v Upper Tribunal and SSHD [2016] EWHC 239 Admin). They say -
This is the first reported case of a successful substantive claim for judicial review against a decision of the Upper Tribunal (Immigration and Asylum Chamber) refusing permission to appeal from the First Tier Tribunal (FTT) to the Upper Tribunal (termed “an Upper Tribunal permission refusal” [76] in the judgment). The case is noteworthy due to the detailed guidance given by the court regarding the test to be applied at the substantive JR stage and the role of the High Court in considering a substantive claim.
http://www.gcnchambers.co.uk/news/cart_style_jr_succeeds_after_lengthy_substantive_hearing