Natsai Manyarara examines the amenability of judicial review of the Upper Tribunal
The Supreme Court considered the scope of judicial review available to unappealable decisions of the Upper Tribunal established by the Tribunals, Courts and Enforcement Act 2007 (TCEA 2007) in its recent judgment in Cart. The debate centred upon the effect of the creation of a new and integrated tribunal structure under TCEA 2007. It was argued on behalf of the respondent that the Upper Tribunal was not amenable to judicial review other than in the wholly exceptional circumstances of an outright excess of jurisdiction or a procedural irregularity which denied the right to a fair hearing.
The Supreme Court rejected this approach and held that the same test as for second appeals should be applied by the High Court in considering applications for permission to bring a judicial review claim against an unappealable decision of the Upper Tribunal (see R (on the application of Cart) (Appellant) v The Upper Tribunal (Respondent); R (on the application of MR (Pakistan) (FC) (Appellant) v The
