As a direct access immigration barrister, Sala has been one of the most perverse decisions that I have seen. We have had a system and an appeal that has been around for years. Indeed the appeal had its own problems as a Judge who allowed outright could expect trouble as Regulation 8 was only discretionary.
However discretionary it was, it was believed it carried with it a right of appeal. It is submitted that the denial of such a right of appeal was offensive. Indeed many people were aghast at the decision and the reasoning that undermined it.
However, the Court of Appeal have kindly laid it to rest.
In Sala (EFMs: Right of Appeal : Albania)  UKUT 411 LJJ Etherton, Longmore and Irwin, a bench that was considerably experienced and had no doubt one hopes groaned when the Upper Tribunal put forth its thinking.
However the hearing did not apparently last as long as was thought, those for the advocates for the representatives had concluded by lunch and LJ Longmore was confused as to why a decision was not a decision or why an EEA decision that meant something was in effect not an EEA decision when it came to whether it had an appeal.
My favourite part was when LJ Longmore queried as to why the Secretary of State was scared by extended family members having appeals, one can imagine appalling Christmas dinners with EEFMs where the Secretary of State was bested at argument for it made no sense that direct family members could so scare the Secretary of State but the mother in law could, on second thoughts and with tongue firmly in cheek one can see the logic of Sala. Indeed if it was the thought of EEFMs bringing appeals and putting members to the executive or even heaven forbid the senior UT Judiciary then one can understand perfectly its reassigning and just like the Secretary of State during the hearing perhaps I too am allowed a change of heart. What a sensible decision, Sala. How dare a mother in law be allowed to question her son in law in court, gosh especially in he married someone of importance..;
Seriously, it is nice to see a dreadful decision consigned to where it belongs, the bin.
I wonder what steps the Home Office, the Secretary of State or member of the judiciary who explained the law Salaesque will do to rectify the wrongs done. Will they be organising return Sala flights? Sort of SalaAir or EasySala, where all that is needed is the FTTJ determination and the FTJ and UTJ dismissals and be given a ticket.
Given the stress no doubt caused, I wonder whether extra legroom will be afforded, or a free drink or too.
In fact, while I sit bored on the float at Hatton Cross having just been told that I am going to be adjourned again reality hit me – UKVAIR – “we fly you home and fly you back when the Court tells us” Indeed UKVAIR could combine charter removals with charter returns, who says private enterprise is dead….