Paragraphs 9-17 of the Upper Tribunal, Immigration and Asylum Chamber Presidential Guidance Note No 1 2020: Arrangements during the COVID-19 pandemic, issued on 23 March and amended on 16 September 2020, declared unlawful
On Friday 20 November 2020 Mr Justice Fordham handed down judgment in the case of R (The Joint Council for the Welfare of Immigrants) v The President of the Upper Tribunal (Immigration and Asylum Chamber) [2020] EWHC 3103 (Admin). This was a challenge to the Guidance Note issued by the President of the Upper Tribunal (IAC) (“UTIAC”), Mr Justice Lane, on 23 March 2020 (extended on 16 September 2020), in response to the Covid-19 pandemic. This introduced a fundamental change to the way error of law hearings are considered, with paper consideration becoming the norm, as opposed to the Tribunal holding an oral hearing. This was found to be ultra vires and unlawful because it failed to mention key factors relevant to the question of whether an oral hearing was…