Legal proceedings
I145Permission 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).