Queen’s Bench Division
Regina (Cart) v Upper Tribunal (Public Law Project intervening)
Regina (U) v Special Immigration Appeals Commission (Same intervening)
Regina (C) v Same (Same intervening)
[2009] EWHC 3052 (Admin)
2009 Sept 21, 22,
Oct 13;
Dec 1
Laws LJ, Owen J
Judicial reviewCourt’s jurisdictionUpper TribunalTribunal “superior court of record”Tribunal refusing permission to appeal to itselfDecision unappealableWhether tribunal alter ego of High CourtWhether decisions susceptible to judicial review Tribunals, Courts and Enforcement Act 2007 (c 15), s 3(5)
Judicial reviewCourt’s jurisdictionSpecial Immigration Appeals CommissionCommission “superior court of record”Commission revoking and refusing bail on basis of closed evidence without disclosing gist to claimantsDecisions unappealableWhether commission alter ego of High CourtWhether decisions susceptible to judicial reviewWhether violating claimants’ Convention rights Special Immigration Appeals Commission Act 1997 (c 68), s 1(3) (as inserted by Anti-Terrorism, Crime and Security Act 2001 (c 24), s 35)

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