Section 31A — Tribunals, Courts and Enforcement Act 2007: Transfer of judicial review applications to Upper Tribunal

Transfer of judicial review applications to Upper Tribunal 31A 1 This section applies where an application is made to the High Court—

a for judicial review, or b for permission to apply for judicial review.

2 If Conditions 1, 2, 3 and 4 are met, the High Court must by order transfer the application to the Upper Tribunal.

3 If Conditions 1, 2 and 4 are met, but Condition 3 is not, the High Court may by order transfer the application to the Upper Tribunal if it appears to the High Court to be just and convenient to do so.

4 Condition 1 is that the application does not seek anything other than—

a relief under section 31(1)(a) and (b);

b permission to apply for relief under section 31(1)(a) and (b);

c an award under section 31(4);

d interest;

e costs.

5 Condition 2 is that the application does not call into question anything done by the Crown Court.

6 Condition 3 is that the application falls within a class specified under section 18(6) of the Tribunals, Courts and Enforcement Act 2007.

7 Condition 4 is that the application does not call into question any decision made under—

a the Immigration Acts, b the British Nationality Act 1981 (c. 61),

c any instrument having effect under an enactment within paragraph (a) or (b), or d any other provision of law for the time being in force which determines British citizenship, British overseas territories citizenship, the status of a British National (Overseas) or British Overseas citizenship.