Application for judicial review of a decision made by the Secretary of State for the Home Department on 15 June 2006 to certify the Claimant’s asylum and human rights claims under Section 96 of the 2002 Act on the grounds that they relied on matters which could have been raised in the Claimant’s appeal against an earlier decision to refuse entry and should have been raised in a statement made in response to an earlier one stop notice and that in the opinion of the Secretary of State there was no satisfactory reason for those matters not having been raised in the earlier appeal or in response to the one stop notice.
Held: Stadlen J set out the following four stage process to be undertaken by the respondent before she could certify a claim under s.96:
‘Under s.96(1) and (2) before the Secretary of State can lawfully decided to certify, she has to go through a four stage process. First, she must be satisfied that the person was notified of a right of appeal under s.82 against another immigration decision (s.96(1)) . . Second, she must conclude that the claim or application to which the new decision relates relies on a matter that could have been raised in the appeal against the old decision (s.96(1)(b)) … Third, she must form the opinion that there is no satisfactory reason for that matter not having been raised in an appeal against the old decision (s.96(1)(c)) … Fourth, she must address her mind to whether, having regard to all relevant factors, she should exercise her discretion to certify and conclude that it is appropriate to exercise the discretion in favour of certification.’
Judges:
Stadlen J
Citations:
[2009] EWHC 705 (Admin)
Links:
Statutes:
Nationality Immigration and Asylum Act 2002 96
Cited by:
Cited – Vassell, Regina (on The Application of) v Secretary of State for The Home Department (S96 Niaa 2002, Test; Merits) (IJR) UTIAC 3-Jun-2015
UTIAC In J v Secretary of State for the Home Department [2009] EWHC 705 (Admin), Stadlen J set out a four stage process that must be undertaken by the Secretary of State before she could certify a claim under . .
Lists of cited by and citing cases may be incomplete.
Immigration
Updated: 25 July 2022; Ref: scu.343060