The applicant sought to resist an order for his return to Germany, the first country of call after escaping Kosovo. He asserted that Germany was not complying with its international obligations. He said the Gashi case had created a legitimate expectation that he would not be so returned, and that therefore his application for asylum should be considered.
Held: The review was refused. In the normal way a decision maker reconsidering a decision will do so in the light of material circumstances then prevailing. The decision in Gashi was not clear cut. The denial of a legitimate expectation is a form of abuse of power. It is broader than what would be an estoppel at private law, and required that a public authority acting contrary to the representation would be acting ‘with conspicuous unfairness’. There were no reasonable grounds for believing the Secretary had made any representation that he felt that Gashi had the effect claimed.
Judges:
Lord Slynn of Hadley Lord Mackay of Clashfern Lord Hoffmann Lord Millett Lord Rodger of Earlsferry
Citations:
Times 15-Feb-2002, [2002] UKHL 3, [2002] Imm AR 296, [2002] ACD 60, [2002] INLR 291
Links:
Statutes:
1990 Dublin Convention, Asylum and Immigration Act 1996 2(2), Asylum and Immigration Appeals Act 1993 6
Jurisdiction:
England and Wales
Cited by:
Cited – Rashid, Regina (on the Application Of) v Secretary of State for Home Department Admn 22-Oct-2004
The claimant sought asylum, being an Iraqi Kurd. He was not told by the defendant of its policy not to require internal relocation within the Kurdish autonomous zone. The policy had been applied for the benefit of others, as was revealed only in . .
Cited – Tate and Lyle Sugars Ltd v Secretary of State for Energy and Climate Change and Another CA 3-Jun-2011
The company had developed a means of generating electricity from their excess sugar supplies, and challenged the support given to it by the respondent and in particular that the 2009 Order allowed the respondent to favour some types of energy . .
Lists of cited by and citing cases may be incomplete.
Immigration, Judicial Review, Administrative
Updated: 05 June 2022; Ref: scu.167439