Recommendation 4

Judicial supervision of the Upper Tribunal protects against legal error. While only a small proportion of Cart judicial review applications are successful, those applications may prevent individuals being wrongly removed from the UK to face the most heinous human rights violations. The Government should introduce procedural reforms, such as changes to the time-limits for bringing Cart judicial review, and assess their impact, before pursuing the ‘nuclear option’ of ousting judicial review from Cart cases. Furthermore, every effort must be made to ensure that the initial decision-makers and the FTT make the best possible decisions when cases are before them, thereby limiting the need for asylum seekers to rely upon a third opportunity to have their application for permission to appeal considered. (Paragraph 41) 22 Legislative Scrutiny: Judicial review and Courts Bill Ouster clauses