The applicant had fled Pakistan to claim asylum. His application for judicial review of the decision to reject his request for asylum failed. It had been decided in Scotland. He appealed.
Held: It was not open to the Secretary of State to raise on appeal a question as to jurisdiction which had not been raised at first instance. The procudure for disputing jurisdiction was covered by the CPR. A challenge had to be filed within 14 days of acknowledgment of service. Even so, the claimant’s renewed application for judicial review was dismissed.
Judges:
Ward, Sedley, Carnwath LJJ
Citations:
Times 09-Dec-2004
Statutes:
Jurisdiction:
England and Wales
Citing:
Cited – Regina (Majead) v Immigration Appeal Tribunal, Secretary of State for the Home Department Interested Party CA 1-Apr-2003
The applicant had arrived in England to apply for asylum but had then been moved to Scotland. A decision of the adjudication officer in Scotland had been heard by the Immigration Appeal Tribunal sitting in London. The claimant sought a High Court . .
Lists of cited by and citing cases may be incomplete.
Immigration, Civil Procedure Rules
Updated: 06 June 2022; Ref: scu.221439
