Ao and Am, Regina (on The Application of) v Secretary of State for The Home Department (Stay of Proceedings – Principles): UTIAC 28 Mar 2017

(i) The Upper Tribunal has the same power as the High Court to stay proceedings.
(ii) The most important factors influencing the exercise of this discretionary power will normally be found in the overriding objective.
(iii) Great caution is required where a stay application is founded on the contention that the outcome of another case will significantly influence the outcome of the instant case.
(iv) A stay application will require especially compelling justification in a case qualifying for urgent judicial decision.
(v) The cases of unaccompanied, isolated teenagers marooned in a foreign land suffering from major psychological trauma and seeking, via litigation, the swiftest reunion possible with a separated family member will always, in principle, have a powerful claim to judicial prioritisation.

Citations:

[2017] UKUT 168 (IAC)

Links:

Bailii

Jurisdiction:

England and Wales

Immigration

Updated: 31 January 2022; Ref: scu.588793