Administrative Court gives guidance on ‘Cart’ test for judicial review of Upper Tribunal

19 July 2011

R (on the application of T) v Secretary of State for the Home Department, 19 July 2011.

Mr Justice Ouseley gave guidance about applications to bring judicial review challenges against decisions of the Upper Tribunal. Referring to R (on the application of Cart) v Upper Tribunal [2011] UKSC 28; [2011] 3 W.L.R. 107, in which the Supreme Court held that a challenge must raise either some important point of principle or practice or some other compelling reason for hearing it, Mr Justice Ouseley said that advocates needed to understand that a proposed claim for judicial review was only likely to be capable of satisfying the first test in Cart (‘some important point of principle or practice’) if the point could be briefly and crisply identified, usually on no more than a sheet of paper. As to the alternative test (‘some other compelling reason’), it was a fallacy—which needed to be stopped—for practitioners to suppose that the threshold is not a high and testing one. Most cases, including asylum cases, would not be ones where it was met.

Thomas Roe appeared for the Secretary of State.