SA, R (on the application of) v The Secretary of State for the Home Department

(38) Giving effect to the analysis and conclusions above: (i) the application for judicial review is dismissed; (ii) the Applicant will pay the Respondent’s costs, to be assessed in default of agreement, subject to any submissions in writing to be made by 31 August 2015; and (iii) this being, ultimately, a decision entailing the application of well established principles to a particular fact sensitive context, permission to appeal is refused, subject to any application in writing by the Applicant by 31 August 2015. Signed : The Honourable Mr Justice McCloskey President of the Upper Tribunal, Immigration and Asylum Chamber Dated: 08 August 2015 Applicant’s solicitors: Respondent’s solicitors: Home Office Ref: Decision(s) sent to above parties on: ------------------------------------------------------------------------------------------------------------------------------------------- Notification of appeal rights A decision by the Upper Tribunal on an application for judicial review is a decision that disposes of proceedings. A party may appeal against such a decision to the Court of Appeal on a question of law only . Any party who wishes to appeal should apply to the Upper Tribunal for permission, at the hearing at which the decision is given. If no application is made, the Tribunal must nonetheless consider at the hearing whether to give or refuse permission to appeal (rule 44(4B) of the Tribunal Procedure (Upper Tribunal) Rules 2008). If the Tribunal refuses permission, either in response to an application or by virtue of rule 44(4B), then the party wishing to appeal can apply for permission from the Court of Appeal itself. This must be done by filing an appellant’s notice with the Civil Appeals Office of the Court of Appeal within 28 days of the date the Tribunal’s decision on permission to appeal was given (Civil Procedure Rules Practice Direction 52D 3.3(2)).