Archive for the Case Law Updates Category

Or, to put it another way, if you lose your appeal at the First Tier Tribunal, and want to apply for Permission to Appeal to the Upper Tribunal, you must specify what the alleged material errors of law made are, in the decision you are challenging. So, to answer the million dollar question? WHAT IS AN ERROR OF LAW? READ ON! SUMMARY When making an application for permission to appeal to the Upper Tribunal from […]

<strong>Fair play?</strong> Case of Marghia (procedural fairness) (2014) UKUT 366 (IAC) <strong>Summary</strong> This case deals with the issue of the common law duty of fairness. There is no absolute duty in law to make decisions which are substantively ‘fair’. The court will not interfere with decisions which are objected to as being substantively unfair, except where no reasonable decision maker could have arrived at the decision in question. It is only for the Secretary of […]

The Queen on the application of Pamela Alburtha Grace v Secretary of State for the Home Department <strong>Summary</strong> This case deals with the approach which a Judge of the Upper Tribunal must adopt when considering whether to certify an application for permission to apply for Judicial Review as ‘totally without merit.’ (‘TWM’) <strong>Facts of the case</strong> A claimant whose application has been considered on the papers by a Judge who has found it to be […]