Immigration

The Court of Appeal allowed the appellant Pakistani national’s asylum seeker’s appeal in relation to a dismissal by the Upper Tribunal (Immigration and Asylum Chamber) (the UT) of an application for judicial review on the basis that there was an alternative remedy by way of appeal to the First-tier Tribunal (Immigration and Asylum Chamber). The UT had erred in deciding that the existence of an alternative remedy was not determinative in the exercise of discretion. Cumulatively, the circumstances meant that it not only could but should have gone on to determine the jurisdiction issue itself. It could have done so while still maintaining that in general the jurisdiction issue should be determined in the first instance by the FTT.