Different appeal channels should be distinct
The claimants had had conditional leave to enter and stay subject to conditions of which they were later in breach. Having been ordered to leave they now challenged the requirement that an appeal must be conducted from outside the UK.
Held: The appeals failed. Parliament had set down a procedure which was based on an out of country appeal being adequate, and it was not open to the courts to challenge that. The two avenues of appeal with their different procedures should remain distinct and unblurred.
Lord Justice Waller, Lord Justice Moses and Lord Justice Aikens
[2009] EWCA Civ 359, Times 11-May-2009
Bailii
England and Wales
Citing:
Cited – Secretary of State for the Home Department v Regina (on the Application of) Lim and Another CA 25-Jul-2007
The court considered the relationship between section 10 of the 1999 Act, and the appeal provisions in sections 82 and 92 of the 2002 Act and the extent to which, if any, a decision under section 10 of the 1999 Act could be challenged by judicial . .
Lists of cited by and citing cases may be incomplete.
Immigration
Updated: 12 November 2021; Ref: scu.341793