Transfer of immigration or nationality judicial review applications

‘(1) In section 31A of the Supreme Court Act 1981 (c. 54) (England and Wales: transfer from the High Court to the Upper Tribunal)—

(a) in subsection (2), for “, 3 and 4” substitute “and 3”,

(b) in subsection (3), for “, 2 and 4” substitute “and 2”, and

(c) omit subsection (7).

(2) In section 25A of the Judicature (Northern Ireland) Act 1978 (c. 23) (Northern Ireland: transfer from the High Court to the Upper Tribunal)—

(a) in subsection (2), for “, 3 and 4” substitute “and 3”,

(b) in subsection (3), for “, 2 and 4” substitute “and 2”, and

(c) omit subsection (7).

(3) In section 20 of the Tribunals, Courts and Enforcement Act 2007 (c. 15) (Scotland: transfer from the Court of Session to the Upper Tribunal)—

(a) in subsection (1)(a), for “, 2 and 4” substitute “and 2”,

(b) in subsection (1)(b), for “, 3 and 4” substitute “and 3”, and

(c) omit subsection (5).’. —(Mr. Woolas.)

This amendment reinstates the clause as introduced. It removes restrictions on transferring judicial review applications, with the effect that, subject to the other specified restrictions, judicial review applications relating to immigration or nationality decisions can be transferred to the Upper Tribunal.

Brought up, and read the First time.

Question put, That the clause be read a Second time.

The Committee divided: Ayes 6, Noes 5.

Division number 8 - 6 yes, 5 no

Voting yes: David Anderson, Andrew Gwynne, David Hamilton, Stephen McCabe, Kerry McCarthy, Phil Woolas

Voting no: Crispin Blunt, Tom Brake, Simon Burns, Damian Green, Charles Walker

Question accordingly agreed to.

New clause 4 read a Second time, and added to the Bill.