[2025] UKUT 00150 (IAC)

Rai and DAM (Grounds of Appeal – Limited Grant of Permission)

Heard at Birmingham Civil Justice Centre

THE IMMIGRATION ACTS

Promulgated on19 March 2025

Before

UPPER TRIBUNAL JUDGE MANDALIA

and

UPPER TRIBUNAL JUDGE LANDES

Between

KIRAN RAI (1)

(NO ANONYMITY DIRECTION MADE)

DAM (2)

(ANONYMITY DIRECTION MADE)

Appellant

and

Secretary of State for the Home Department

Respondent

Representation

For the first appellant, Kiran Rai: Mr B Caswell, instructed by Everest Law Solicitors

For the second appellant, DAM: Mr A Pipe, instructed by Khan & Co Solicitors

For the Respondent: Mr S Whitwell, Senior Home Office Presenting Officer

Grounds of Appeal

1. Section 11(1) of the Tribunals Courts and Enforcement Act (“the 2007 Act”) makes provision for an appeal to the Upper Tribunal on any point of law arising from any decision except an excluded decision. In applying for permission to appeal to the Upper Tribunal, practitioners have a duty to carefully consider whether a challenge to the judge’s findings of fact, or the application of the facts to the legal framework, is material to the outcome of the appeal. Grounds of appeal are not an opportunity to present a list of errors no matter what the relevance of the error is to the outcome of the appeal.

2. Whether a party is represented or not, they are required to identify the arguable errors of law in the grounds of appeal, adequately, so that the arguable error can be considered by a judge.

3. Each point of law, where there is more than one, must be clearly and succinctly identified as a numbered ground of appeal with sufficient detail so that the Tribunal and the parties are able to identify the essential issue raised by that ground. The grounds of appeal will rarely need to be lengthy. Each ground of appeal should identify succinctly, in clearly numbered paragraphs or (sub paragraphs):

a. The relevant passage(s) in the decision of the FtT.

b. Any relevant primary or secondary legislation only to the extent necessary to do so.

c. Any authority binding upon the judge that is capable of supporting the ground.

d. Brief submissions proving a short explanation to support the ground.

4. The Upper Tribunal is likely to take robust decisions and not permit grounds to be advanced if they have not been properly identified and pleaded, or where permission has not been granted to raise them. 

5. Where there is any issue as to the grounds of appeal upon which permission has been granted, or the scope of the grounds that leads to an adjournment, the Tribunal may impose sanctions, including the making of orders for wasted costs against the parties or their representatives.

Permission to appeal on limited grounds

6. Where a ground of appeal relates to a discrete aspect of the decision, limiting the grounds for granting permission to appeal can in a clear case, make the appellate process more efficient and focused.

7. Unless a ground of appeal upon which permission is refused relates to a discrete aspect of the appeal, the Upper Tribunal, on appeal, should not be constrained from holistically considering critical issues capable of affecting the outcome of the appeal by limiting the grounds on which permission is granted.

Decision and Reasons