Case No. UKUT-00156-(IAC)

(1) In relation to the matters mentioned in subsection (2), the Upper Tribunal—(a) has, in England and Wales … the same powers, rights, privileges and authority as the High Court, and (2) The matters are— (a) the attendance and examination of witnesses, (b) the production and inspection of documents, and (c) all other matters incidental to the Upper Tribunal's functions.”49.As I have mentioned, the order of 3 May 2019 directed the respondent to revoke the section 94B certificate and take all necessary steps to facilitate and fund the applicant’s return from Jamaica to the United Kingdom as soon as practicable for both parties. It was the respondent who requested the Upper Tribunal to make this order. The applicant did not oppose its making. 50.The applicant, nevertheless, now contends that the Upper Tribunal did not have power to make the order. The applicant contends that the order is equivalent to a “prerogative order”, which may be made in judicial review. The proceedings in question were, however, appellate in nature, taking place under section 12 of the 2007 Act.51.In support of this challenge, the applicant points to the judgment of Mostyn J in