Subsections (2) and (3) apply in relation to a decision by the Upper Tribunal to refuse permission (or leave) to appeal further to an application under section 11(4)(b).
The decision is final, and not liable to be questioned or set aside in any other court.
In particular—
Subsections (2) and (3) do not apply so far as the decision involves or gives rise to any question as to whether—
Subsections (2) and (3) do not apply so far as provision giving the First-tier Tribunal jurisdiction to make the first-instance decision could (if the Tribunal did not already have that jurisdiction) be made by—
The court of supervisory jurisdiction is not to entertain any application or petition for judicial review in respect of a decision of the First-tier Tribunal that it would not entertain (whether as a matter of law or discretion) in the absence of this section.
In this section—
"decision" includes any purported decision;
"first-instance decision" means the decision in relation to which permission (or leave) to appeal is being sought under section 11(4)(b);
"the supervisory jurisdiction" means the supervisory jurisdiction of—and "the court of supervisory jurisdiction" is to be read accordingly.the High Court, in England and Wales or Northern Ireland, orthe Court of Session, in Scotland,