JCWI are urgently seeking details of individuals who have been granted permission to appeal to the UT(IAC) since mid March (particularly any litigants in person).

By way of background, JCWI is seeking evidence of the impact on litigants in person (amongst others) of the Practice Direction and Guidance Note introduced by the Upper Tribunal in response to the Covid-19 pandemic. Statutory appeals against determinations of the First-tier Tribunal have as a matter of consistent practice been considered by the Upper Tribunal at oral hearings. This long-standing practice reflects the gravity of the issues at stake in asylum and human rights appeals.

We are aware of a number of cases which have been refused on the papers under the new procedure. We are particularly concerned that unrepresented litigants will have been affected. They may well be unaware of their right to appeal and may become liable to detention and removal.

Please get in touch if you are aware of anyone (who does not have a solicitor) who:

  • Has been granted permission to appeal (PTA) to the Upper Tribunal and have had their Upper Tribunal hearing impacted by Covid-19 (this would include anyone who has had PTA granted since the end of March 2020, or anyone who had an error of law hearing listed from 23 March 2020 which was adjourned because of Covid-19). We would be particularly interested to see a copy of the directions they received, any response the person was able to provide and any decision from the Upper Tribunal;

Please provide any information you may have to Nicola Burgess at JCWI by email: [email protected] by midday on Tuesday 23 June.

Thank you for your assistance.