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The Second Appeals Test in Immigration Law
By Richmond Chambers -

In this post, we explain the Second Appeals test and note some recent developments in the area. What is the Second Appeals test? The Second Appeals Test was introduced by s.13(6) of the Tribunals, Courts and Enforcement...

 Act 2007. It sets a higher threshold for challenging certain kinds of decisions made by the Upper Tribunal to the Court of Appeal. The purpose of the test is to emphasise the specialist function of...

The ‘Second-Tier Appeals Test’: Objective or Subjective?
By Richmond Chambers -

The ‘Second-Tier Appeals Test’, introduced to emphasise the authority of the Upper Tribunal as a specialised appellate court, is a provision which Appellants seeking to appeal to the Court of Appeal from the...

 Upper Tribunal often overlook. It is, however, an important consideration when examining the merits of such as an appeal. Firstly, consideration is given to whether there is an arguable case that the Upper...

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