(i) The First-tier Tribunal (‘FtT’) is not empowered to make a Wasted Costs Order (‘WCO’) against a Home Office Presenting Officer (‘HOPO’).
(ii) The relationship of Secretary of State and HOPO is governed by the Carltona principle.
(iii) The answerability of HOPOs to the tribunal is achieved through a range of judicial functions and duties.
(iv) In every case where a WCO is in contemplation common law fairness requires that the respondent be alerted to this possibility, be apprised of the case against him and be given adequate time and opportunity to respond.
(v) While expedition and summary decision making are desirable in WCO matters, the basic requirements of fairness to the respondent must always be respected.
(vi) A causal nexus between the impugned conduct of the respondent and the costs unnecessarily incurred by the aggrieved party is an essential pre-condition of a WCO.
(vii) The tribunal’s ‘own motion’ power to make a WCO is to be exercised with restraint.
Citations:
[2017] UKFTT 555 (IAC)
Links:
Jurisdiction:
England and Wales
Immigration
Updated: 31 January 2022; Ref: scu.595802