CA-2024-002479 - [2025] EWCA Civ 1464

An application for judicial review can only be made in the UT if permission to make it is obtained from the Tribunal (s.16(2) of the Tribunals, Courts and Enforcement Act 2007). The procedure in the UT is governed by The Tribunal Procedure (Upper Tribunal) Rules 2008 (SI 2008 No. 2698) (“the 2008 Rules”). Part 4 deals with judicial review proceedings in the UT.

Rule 28(1) requires a person seeking permission to bring judicial review proceedings to make a written application to the UT. Rule 28(2) provides:

“Subject to paragraph (3), an application under paragraph (1) must be made promptly and, unless any other enactment specifies a shorter time limit, must be sent or delivered to the Upper Tribunal so that it is received no later than 3 months after the date of the decision, action or omission to which the application relates.”

Thus, it is clear that the rule requires the application to be received by the UT within the time limit.

Rule 28(7) deals with applications for permission which do not comply with the time limit in rule 28(2):

“If the applicant provides the application to the Upper Tribunal later than the time required by paragraph (2) or (3) or by an extension of time allowed under rule 5(3)(a) (power to extend time)—

(a)

the application must include a request for an extension of time and the reason why the application was not provided in time; and

(b)

unless the Upper Tribunal extends time for the application under rule 5(3)(a) (power to extend time) the Upper Tribunal must not admit the application.”

Rule 5(3)(a) is one of the UT’s “case management powers” enabling it to extend or shorten the time for complying with any rule.

Rule 28(8) provides that, save for immigration judicial review proceedings (as defined in rule 1(3)), when the UT receives an application for permission it must send a copy of the application and any accompanying documents to each person named in the application as a respondent or interested party.

It is common ground that the appellant was seeking to bring immigration judicial review proceedings. In such a case, rule 28A(2) requires an applicant to provide the parties with the claim and any accompanying documents and to tell the UT that he has done so:

“Within 9 days of making an application referred to in paragraph (1), an applicant must provide—

(a)

a copy of the application and any accompanying documents to each person named in the application as a respondent or an interested party; and

(b)

the Upper Tribunal with a written statement of when and how this was done.”

In an immigration case, a party provided with a copy of the application by an applicant who wishes to take part in the proceedings must provide an acknowledgement of service to the UT so that it is received no later than 21 days after the date on which the applicant provided him with that copy (rule 29(1)).