#Immigration– there has ever been only six occasions when the Tribunal has granted a re hearing with no error of law involved
The First-tier Tribunal uses power of Review under Rule 35 of the Tribunal Procedure Rules 2014 to set aside a decision, and for the matter to be re-heard by the First-tier Tribunal without an “error of law” hearing in the Upper Tribunal
In a recent decision on a matter handled by Fadi Farhat , legal director and head of appeals at Gulbenkian Andonian Solicitors, the First-tier Tribunal has invoked its powers of review under Rule 35 of the Tribunal Procedure Rules 2014 to set aside a determination and for the matter to be re-heard, without an “error of law” hearing in the Upper Tribunal.
This is a rarely used power in the 2014 Procedure Rules and it is understood that this provision has only been invoked on 6 occasions since the introduction of the 2014 Procedure Rules.
This is a testament to the strength and persuasiveness of the grounds for permission to appeal which was put forward by Gulbenkian Andonian Solicitors to convince the Tribunal to invoke Rule 35 without the need for the usual “error of law” hearing in the Upper Tribunal.
In the event of an onward challenge to the decision of the First-tier Tribunal or Upper Tribunal, Gulbenkian Andonian Solicitors drafts its own grounds for permission in-house and has an excellent track record of both obtaining permission and securing a positive result at any subsequent re-hearing