11AFinality of decisions by Upper Tribunal about permission to appeal

1

Subsections (2) and (3) apply in relation to a decision by the Upper Tribunal to refuse permission (or leave) to appeal further to an application under section 11(4)(b).

2

The decision is final, and not liable to be questioned or set aside in any other court.

3

In particular—

a

the Upper Tribunal is not to be regarded as having exceeded its powers by reason of any error made in reaching the decision;

b

the supervisory jurisdiction does not extend to, and no application or petition for judicial review may be made or brought in relation to, the decision.

4

Subsections (2) and (3) do not apply so far as the decision involves or gives rise to any question as to whether—

a

the Upper Tribunal has or had a valid application before it under section 11(4)(b),

b

the Upper Tribunal is or was properly constituted for the purpose of dealing with the application, or

c

the Upper Tribunal is acting or has acted—

i

in bad faith, or

ii

in such a procedurally defective way as amounts to a fundamental breach of the principles of natural justice.

5

Subsections (2) and (3) do not apply so far as provision giving the First-tier Tribunal jurisdiction to make the first-instance decision could (if the Tribunal did not already have that jurisdiction) be made by—

a

an Act of the Scottish Parliament, or

b

an Act of the Northern Ireland Assembly the Bill for which would not require the consent of the Secretary of State.

6

The court of supervisory jurisdiction is not to entertain any application or petition for judicial review in respect of a decision of the First-tier Tribunal that it would not entertain (whether as a matter of law or discretion) in the absence of this section.

7

In this section—

• “decision” includes any purported decision;

• “first-instance decision” means the decision in relation to which permission (or leave) to appeal is being sought under section 11(4)(b);

• “the supervisory jurisdiction” means the supervisory jurisdiction of—

  1. a

     the High Court, in England and Wales or Northern Ireland, or

  2. b

     the Court of Session, in Scotland,

  and “the court of supervisory jurisdiction” is to be read accordingly.