Moved by
Lord Ponsonby of Shulbrede
16: Clause 2, page 3, line 19, at end insert—
“(1A) Notwithstanding subsection (1), subsections (2) and (3) do not apply where the party refused permission (or leave) to appeal by the Upper Tribunal was the appellant before the First-tier Tribunal and—
(a) that party was without legal representation and the appeal before the First-tier Tribunal was not within legal aid scope;
(b) that party was not of full age or capacity;
(c) the appeal before the First-tier Tribunal was not an in-country appeal;
(d) the appeal before the First-tier Tribunal was subject to any accelerated procedure;
(e) the decision of the First-tier Tribunal was subject to any statutory restriction or direction concerning how that tribunal was to evaluate the credibility of the appellant or the evidence before it; or
(f) the application to the Upper Tribunal raises a point of law concerning the construction of any statutory provision for interpretation of an international agreement.”