UTIAC 1. In the great majority of cases where the court decides that the impugned decision is contaminated by some public law misdemeanour, the remedy granted is a quashing order whereby the respondent is obliged to make a fresh decision, taking into account the judgment of the court.
2. The remedy of a mandatory order is rarely granted. It is appropriate only in cases where it is clear to the court that the respondent is legally obliged to take a certain course of action, normally involving the conferral of some benefit or advantage on the challenging party, with no choice or discretion. The course that the respondent is ordered by the court to take in a mandatory order must be ‘the sole result that is legally permissible’.
McCloskey J, P UT
[2015] UKUT 226 (IAC)
Bailii
England and Wales
Immigration
Updated: 30 December 2021; Ref: scu.547345