Legal proceedings
45Permission to appeal in relation to suspensive claims certified as clearly unfounded
(1)
This section applies if—
(a)
a person makes a suspensive claim,
(b)
(2)
(3)
In relation to a serious harm suspensive claim, the Upper Tribunal may grant permission to appeal in response to a person’s application under subsection (2) only if it considers that there is compelling evidence that—
(a)
the serious harm condition is met in relation to the person, and
(4)
In relation to a removal conditions suspensive claim, the Upper Tribunal may grant permission to appeal in response to a person’s application under subsection (2) only if it considers that there is compelling evidence that the person does not meet the removal conditions.
(5)
Unless the Upper Tribunal considers that an oral hearing is necessary to secure that justice is done in a particular case, an application under subsection (2) is to be determined by the Upper Tribunal only on the basis of written submissions and evidence.
(6)
(7)
There is no right of appeal under section 13 of the Tribunals, Courts and Enforcement Act 2007 (right of appeal to Court of Appeal etc) in relation to a decision of the Upper Tribunal on an application under this section.
(8)
See also section 51 (finality of certain decisions by the Upper Tribunal).