Rai & Anor v Secretary of State for the Home Department (Grounds of Appeal - Limited Grant of Permission)
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What was at stake
The appeal concerns the limited grant of permission to remain in the UK for the applicants.
What the court decided
The Upper Tribunal gave reported guidance that grounds of appeal must clearly and succinctly identify each arguable error of law as a numbered ground, with sufficient particularity (referencing the relevant passages, legislation and authority) and only where the error is material to the outcome; excessively long, unfocused grounds "serve to conceal rather than illuminate." On limited grants of permission, where a First-tier judge restricts permission to discrete grounds the judge must state this clearly and expressly and give reasons for refusing the other grounds, and the Upper Tribunal should not be artificially constrained where grounds are interconnected and material to the result. Applying this, the Tribunal widened permission for both appellants (adding grounds two and three for Rai, given the overlap with the arguable first ground on the immigration rules and Article 8; granting grounds (a), (b), (e) and (f) for DAM and refusing (c), (d) and (g)) and directed that the appeals be listed separately to decide whether the First-tier decisions were infected by a material error of law.
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