Case No. UKUT-00226-(IAC)

[1996] QB 517, page 558 (per Sir Thomas Bingham MR). It is, of course, established that unincorporated international instruments have a role in certain contexts, a paradigm example being the presumption that Parliament does not intend to legislate contrary to the United Kingdom ’s international obligations …. Furthermore, a decision may be impugned where a public authority purports to apply an unincorporated international treaty provision but errs in doing so. ” The Tribunal decided that none of these principles was of any avail to the Appellant, noting that it would have been open to him to challenge the Secretary of State’s trafficking decision by judicial review and stating, at [34]: “ We are of the opinion that back door challenges to trafficking decisions made by the Respondent under the Trafficking Convention are not permissible in appeals of the present kind. They lie out with the competence of the First-tier and Upper Tribunals. ” The essence of the decision was that the jurisdiction of this Tribunal is statutory and does not encompass a direct challenge of this kind. (36) The decision in SHL was the subject of comment by the Court of Appeal in