The applicant had sought judicial review, but before it was heard, and by a listing error, the statutory review went ahead. She now sought leave to continue the judicial review notwithstanding the final decision against her.
Held: The error if uncorrected would cause injustice. The court had power to hear the application for judicial review and did so. The procedure under section 103A was intended to provide speedy review of issues falling exceptionally outside the statutory review procedure. This case was one such.
Citations:
[2008] EWCA Civ 100, Times 07-Mar-2008, [2008] 4 All ER 1159, [2008] 1 WLR 2062
Links:
Statutes:
Nationality, Immigration and Asylum Act 2002& 103A
Jurisdiction:
England and Wales
Immigration
Updated: 23 November 2022; Ref: scu.264633