IN THE COURT OF APPEAL (CIVIL DIVISION)- ON APPEAL FROM The Upper Tribunal (Immigration and Asylum Chamber)
This is the judgment of the Court. These two appeals have been listed together because they both raise an issue about the proper approach to be taken in considering whether to certify an application for permission to apply for judicial review as "totally without merit". That question was considered by this Court as recently as June 2014 in R (Grace) v Secretary of State for the Home Department  EWCA Civ 1191,  1 WLR 3432; but it has continued to give rise to difficulties. We will address it first as a general matter before turning to the facts of the particular cases. All that it is necessary to say at this stage is that in both cases the Appellant sought permission from the Upper Tribunal to apply for judicial review of a decision of the Respondent to refuse them leave to remain in the UK; that that permission was refused on the papers; and that the Tribunal's orders concluded with a statement that the application was considered to be totally without merit, with the consequence (by reason of the rules to which we refer below) that they were not entitled to ask for their applications to be reconsidered at an oral hearing.