Background
On 2 September 2021 the Upper Tribunal gave judgment in a number of linked cases (18 in total). In all cases, the question of whether an error of law had occurred, was decided on the papers, under rule 34 of the Tribunal Procedure (Upper Tribunal) Rules 2008 (“Rules”). This followed the Presidential Guidance Note (“PGN”), issued on 23 March 2020 in response to the Covid-19 pandemic. The PGN was declared unlawful in November 2020 – R (The Joint Council for the Welfare of Immigrants) v The President of the Upper Tribunal (Immigration and Asylum Chamber) [2020] EWHC 3103 (Admin). In summary, it was found that the PGN was unlawful as its guidance that asylum and human rights appeals should normally be determined on the papers was ultra vires (beyond the President’s powers), contrary to the common law principles of procedural fairness and misstated the law. Our earlier detailed note on the judgment can be found here.  
 
The need for gu…