division_name: Asylum and Immigration (Treatment of Claimants, Etc.) Bill &#8212; Clause 11 &#8212; Unification of appeal system
motion: <p pid=".705.1/1" pwmotiontext="yes"><i>Amendment proposed</i>: No. 93, in page 11, line 25, at end insert&#8212;</p>
  
  <p pid=".705.1/2" pwmotiontext="yes">'(5A) A party to the Tribunal's decision may apply within 7 days to the High Court or, in Scotland, to the Court of Session for review of the Tribunal's decision on the ground that the Tribunal made an error of law.</p>
  
  <p pid=".705.1/3" pwmotiontext="yes">(5B) Where an application is made under this subsection&#8212;</p>
  
  <p pid=".705.1/4" pwmotiontext="yes">(a) it shall be determined by a single judge by reference only to written submissions, unless the court on receiving such submissions is of the opinion that there are exceptional reasons for an oral hearing;</p>
  
  <p pid=".705.1/5" pwmotiontext="yes">(b) the judge may affirm or reverse the Tribunal's decision, or remit for rehearing to the Tribunal;</p>
  
  <p pid=".705.1/6" pwmotiontext="yes">(c) if, in any application to the High Court, the judge thinks that the application had no merit he shall issue a certificate under this paragraph.</p>
  
  <p pid=".705.1/7" pwmotiontext="yes">(5C) Where the High Court or in Scotland the Court of Session affirms or reverses a review under this section a party to the review may bring an appeal as a point of law within 7 days&#8212;</p>
  
  <p pid=".705.1/8" pwmotiontext="yes">(a) where the original decision was that of a judge of the Court of Session in Scotland to the Inner House of that Court; or</p>
  
  <p pid=".705.1/9" pwmotiontext="yes">(b) in any other case, to the Court of Appeal.</p>
  
  <p pid=".705.1/10" pwmotiontext="yes">(5D) An appeal under subsection (5C) may be brought only with the permission of&#8212;</p>
  
  <p pid=".705.1/11" pwmotiontext="yes">(a) the court that made it, or</p>
  
  <p pid=".705.1/12" pwmotiontext="yes">(b) the court referred to in subsection (5C)(a) or (b) if the High Court or Court of Session in Scotland refuses permission.</p>
  
  <p pid=".705.1/13" pwmotiontext="yes">(5E) An application made under subsection (5D)(b) must be made within 7 days of the refusal of permission to appeal by the High Court or Court of Appeal.'&#8212;<i>[Mr. Grieve.]</i></p>
  
  <p pid=".705.1/14" pwmotiontext="yes"><i>Question put,</i> That the amendment be made:&#8212;</p>
  
  <p pid=".705.1/15" pwmotiontext="yes"><i>The House divided:</i> Ayes 188, Noes 310.</p>