Podcast Location:
Download it here [file size: 26.8 MB]
Categories:
Human Rights, Civil Liberties & Public Law
Immigration and Asylum Law
CPD Points:
Up to 1 point. details »

Due to the difference in guidelines between the SRA and the Bar Standards Board, CPD points are awarded differently for Solicitors, Barristers and Legal Executives:

Regulated by the Solicitors Regulation Authority:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Regulated by the Bar Standards Board:
Listen and pass the quiz: Gain 1 accredited CPD point (60 minutes)

Regulated by ILEX:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Cost:
  • FREE
Length:
30 minutes of audio
(+ optional 5 minute online quiz)
Plays on Computer:
Yes Downloadable as MP3:    Yes
Contributor(s):
Course Aims:

In this podcast Christopher Jacobs from Landmark Chambers discusses judicial review of the upper tribunal in immigration cases, in the wake of the judgment of the Supreme Court in Cart. The podcast begins with a discussion of the background on the forum for reviewing decisions made in tribunal proceedings before setting out the legal framework governing the unified Tribunal system established by the Tribunals, Courts and Enforcement Act 2007 and the subsequent case law arising from it.

UPDATE 20th September 2012: Chris Jacobs is due to record an update to this podcast in Autumn/Winter 2012 to take into account recent CPR changes

Outcomes:
After completing the course you will:
  • Have considered the forum for reviewing decisions made in tribunal proceedings prior to the Tribunals, Courts and Enforcement Act 2007;
  • Be aware of the new unified Tribunal system established by the Tribunals, Courts and Enforcement Act 2007;
  • Understand how the case of Cart dealt with the question of whether a decision of the Upper Tribunal is amenable to judicial review in the High Court ;
  • Be familiar with what the second-appeal test involves and how the test has been applied in cases since the Cart decision.
Level:
Specialist Difficulty: 5 of 5
Classification:
Case Update
Legal Principles
Legislative Updates
Sources and References:
  • Access to Justice Act 1999;
  • JD (Congo) & others v SSHD [2012] EWCA Civ 327 ;
  • Macharia v Immigration Appeal Tribunal [2000] INLR 156;
  • Nationality, Immigration and Asylum Act 2002;
  • PR (Sri Lanka) & others v SSHD [2012] 1 W.L.R. 73 [2011] EWCA Civ 988;
  • R (on the application of Cart) (Appellant) v The Upper Tribunal (Respondent) [2011] UKSC 28;
  • R (on the application of G) v IAT [2005] 1 W.L.R. 1445;
  • R (on the application of Khan and others) v SSHD [2011] EWHC 2763 (Admin);
  • R v Northumberland Compensation Appeal Tribunal ex P Shaw [1952] 1KB 338;
  • R( S) v AIT [2007] EWHC 426 (Admin);
  • Re B (A child) (Residence: Second Appeal) [2009] 2 FLR 632 Tribunals, Courts and Enforcement Act 2007;
  • Uphill v BRB (Residuary) Ltd [2005] EWCA Civ 60.

In this podcast Christopher Jacobs from Landmark Chambers discusses judicial review of the upper tribunal in immigration cases, in the wake of the judgment of the Supreme Court in Cart.

Date recorded: 1st August 2012

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