Upper Tribunal Administrative Appeals Chamber

[2025] UKUT 17 (AAC)

Fecha: 09-Jun-2022

The appeal provisions

The appeal provisions

Section 4 SVGA contains the Upper Tribunal’s jurisdiction and powers on appeal:

Appeals

(1)

An individual who is included in a barred list may appeal to the Upper Tribunal against–

…

(b)

a decision under paragraph 2, 3, 5, 8, 9 or 11 of Schedule 3 to include him in the list;

(c)

a decision under paragraph 17, 18 or 18A of that Schedule not to remove him from the list.

(2)

An appeal under subsection (1) may be made only on the grounds that DBS has made a mistake–

(a)

on any point of law;

(b)

in any finding of fact which it has made and on which the decision mentioned in that subsection was based.

(3)

For the purposes of subsection (2), the decision whether or not it is appropriate for an individual to be included in a barred list is not a question of law or fact.

(4)

An appeal under subsection (1) may be made only with the permission of the Upper Tribunal.

(5)

Unless the Upper Tribunal finds that DBS has made a mistake of law or fact, it must confirm the decision of DBS.

(6)

If the Upper Tribunal finds that DBS has made such a mistake it must–

(a)

direct DBS to remove the person from the list, or

(b)

remit the matter to DBS for a new decision.

(7)

If the Upper Tribunal remits a matter to DBS under subsection (6)(b)–

(a)

the Upper Tribunal may set out any findings of fact which it has made (on which DBS must base its new decision); and

(b)

the person must be removed from the list until DBS makes its new decision, unless the Upper Tribunal directs otherwise.

We highlight sub-section (3) above, namely that “the decision whether or not it is appropriate for an individual to be included in a barred list is not a question of law or fact”. This means, in effect, that the issue of appropriateness is not appealable. For an appeal to succeed, an appellant must establish a material mistake of fact and/or an error of law on the part of the DBS on which its barring decision was based (see sub-section (2)).