Lawrence Youssefian, a senior practitioner in Chambers’ Immigration and Public Law team, has obtained permission to appeal in the Court of Appeal. When granting permission, Asplin LJ observed that there was a realistic prospect of success to argue that the Upper Tribunal (IAC) had been wrong to refuse permission to apply for judicial review at an oral permission hearing. The Upper Tribunal may have been wrong in its construction of the Exceptional Assurance policy, and an application made within the currency of an Exceptional Assurance was arguably an ‘in-time’ application under Paragraph 39E(2)(a) of the Immigration Rules.
The Exceptional Assurance policy was a policy introduced by the Home Office as a result of the Covid-19 pandemic being declared in March 2020 and the ensuing travel and other public health restrictions brought into force at the time.
Lawrence is instructed by Deccan Prime Solicitors.
