Revista Temas de Derecho Constitucional

249 Asilo en el reino unido: un derecho restringido matter for the FtT judge. Evidence may be submitted with leave of the court only, and exclusively in support of the grounds for which permission was granted. If the appellant wishes to argue new grounds the Tribunal must first consent. The hearing at the UT level is concerned exclusively with matters of law. It is for the appellant to make their case, so the debate starts with submissions for the appellant, flowed by the submissions by the Secretary of State. Once the debate is over the UT judge will decide on the case by delivering the opinion at the hearing or in writing, stating the reasons for it. The UT may grant the appeal, or not. The frustrated appellant may wish to appeal to a higher court. Again, and as with the FtT, permission must be sought in writing. The time limits for permission to appeal are constrained, giving the appellant twelve working days to lodge their application, or seven, if they are detained. c. The appellate courts The decision of the tribunal can be challenged under section 13 of the Tribunals, Courts and Enforcement Act 2007. The corresponding appellate court is the Court of Appeal in England & Wales and the Court of Appeal in Northern Ireland. In Scotland it is the Court of Session. In terms of the 2007 Act an appeal to the higher courts requires permission. At this level permission will only be granted on condition that the proposed appeal raises some important point of principle or practice, or that there is some other compelling reason for the relevant appellate court to hear the appeal. In other words, the issue must not be confined to the petitioner’s own facts and circumstances, as per the ruling in Eba v Advocate General for Scotland [2011] UKSC 29 37. The error of law alleged has to be of such kind as to transcend the appellant’s case. Disagreeing with the decision in the case is not sufficient. Finding fault within a decision in the case is not enough. The challenge has to have wider public applicability and a more general effect. Among the claims which manage to come this far, not many can meet such test. Moreover, the complexity of legal matters at issue will demand the experience and skill of counsel, i.e. a barrister or an advocate, who are those who possess ‘rights of audience’ before the higher courts. And albeit access to legal aid to fund the necessary representation is fundamental, it is not guaranteed. A case refused by an appellate court can be appealed in turn to the UK’s Supreme Court (UKSC). Going to the highest court in the land also requires permission. Leave must first be sought (and refused) by the appellate court before an application can bemade to the UKSC itself. Getting permission to appeal to the UKSC requires the strict fulfilment of statutory tests and formal requirements 38 . The possibility to get a decision overturned at the highest judicial instance is, if not impossible, hardly achievable for an ordinary claimant with an ordinary claim. 37 At para. 48 38 UKSC. (2019). Applications for Permission to Appeal | Practice direction x - The Supreme Court. From https:// www.supremecourt.uk/procedures/practice-direction-03.html. See also The Supreme Court Rules 2009.