Alexis Slatter secures permission to appeal to the Court of Appeal

Alexis Slatter has secured permission to appeal to the Court of Appeal from Lord Justice Moses.

Alexis's grant of permission involves the question of whether the Upper Tribunal acted unlawfully when it overturned a determination of the First-tier Tribunal allowing an appeal against the Secretary of State's decision to make a deportation order against a national of China.  In granting permission, Moses LJ observed  that it was highly arguable that the Upper Tribunal had failed to identify any error of law in the First-tier's determination and had instead merely disagreed with the weight the First-tier had attached to the relevant factors (here the Upper Tribunal had re-determined the matter of weight itself, finding that the 'best interests' of the children was of equal weight to the public interest in deportation) and that the manner in which the Upper Tribunal had applied the Court of Appeal's decision in SS (Nigeria)v SSHD [2013] EWCA Civ 550 to justify its determination was, as a matter of principle, open to question and thus satisfied the second appeals test.