G & H, R (on the application of) v Secretary of State for the Home Department [2016] EWHC 239 was acknowledged by the Administrative Court to be “ one of those rare cases in which the court has given permission to proceed in an application for judicial review of an Upper Tribunal FTT permission refusal”. As was noted by the Court at paragraph 5 of their judgement, one of the features of the case was that the Secretary of State advanced contentions which, even though the claimant had satisfied the test identified in Cart and other procedural requirements in CPR 54.7A, would require the claimant to surmount a new substantive hurdle limiting the grounds upon which the High Court can grant judicial review.
