Immigration / United Kingdom / Permission granted

UK Supreme Court permits appeal on deportation and withdrawn arguments

The Home Secretary has permission to challenge the outcome in Hirtie. The questions concern a UK immigration test and whether an abandoned argument can return on appeal.

Counsel Brief edition · 4 Nov 2026Decision · 2 Nov 2026Permission to appeal granted; merits unresolved · 2 November 2026

The UK Supreme Court granted the Home Secretary permission to appeal in Hirtie on 2 November. The case page, updated on 4 November, identifies two questions for the appeal rather than answers to them.

One concerns the test for very compelling circumstances under section 117C(6) of the UK Nationality, Immigration and Asylum Act 2002. The other asks when a party may revive an argument withdrawn in a lower court.

The official summary says the First-tier Tribunal overturned a decision to deport Hirtie, and that the Home Secretary’s challenges in the Upper Tribunal and Court of Appeal failed. Permission now opens the route to a Supreme Court appeal; no merits judgment is recorded on the checked page.

Comparative permission report based on the official case page. The permission decision is dated 2 November; Lanza recorded the update on 4 November. No lower judgment, final appeal outcome or hearing date has been independently verified.

More from the Counsel Brief ↗