Part II JURISDICTION
The High Court
Other particular fields of jurisdiction
31AF1Transfer of judicial review applications to Upper Tribunal
1
This section applies where an application is made to the High Court—
a
for judicial review, or
b
for permission to apply for judicial review.
2
If Conditions 1, 2, 3 and 4 are met, the High Court must by order transfer the application to the Upper Tribunal.
3
If Conditions 1, 2 and 4 are met, but Condition 3 is not, the High Court may by order transfer the application to the Upper Tribunal if it appears to the High Court to be just and convenient to do so.
4
Condition 1 is that the application does not seek anything other than—
a
relief under section 31(1)(a) and (b);
b
permission to apply for relief under section 31(1)(a) and (b);
c
an award under section 31(4);
d
interest;
e
costs.
5
Condition 2 is that the application does not call into question anything done by the Crown Court.
6
Condition 3 is that the application falls within a class specified under section 18(6) of the Tribunals, Courts and Enforcement Act 2007.
7
Condition 4 is that the application does not call into question any decision made under—
a
the Immigration Acts,
b
the British Nationality Act 1981 (c. 61),
c
any instrument having effect under an enactment within paragraph (a) or (b), or
d
any other provision of law for the time being in force which determines British citizenship, British overseas territories citizenship, the status of a British National (Overseas) or British Overseas citizenship.