- Latest available (Revised)
- Original (As enacted)
This version of this provision is prospective.
The term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section. A version of a provision is prospective either:
Commencement Orders listed in the ‘Changes to Legislation’ box as not yet applied may bring this prospective version into force.
There are outstanding changes not yet made by the legislation.gov.uk editorial team to Illegal Migration Act 2023. Any changes that have already been made by the team appear in the content and are referenced with annotations.
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
Prospective
(1)Subsections (2) and (3) apply in relation to a decision by the Upper Tribunal—
(a)to grant or refuse permission to appeal in response to an application under section 45(2) (permission to appeal: claims certified as clearly unfounded),
(b)to grant or refuse an application for a declaration under section 46(4) (out of time claims), or
(c)to make or not to make a determination under section 48(5)(b) (new matters).
(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 45(2) or 46(4),
(b)the Upper Tribunal is or was properly constituted for the purpose of dealing with the application or, in the case of a decision mentioned in subsection (1)(c), for the purpose of making the decision, 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)In this section—
“decision” includes any purported decision;
“the supervisory jurisdiction” means the supervisory jurisdiction of—
the High Court, in England and Wales or Northern Ireland, or
the Court of Session, in Scotland.
Commencement Information
I1S. 51 not in force at Royal Assent, see s. 68(1)
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: