The claimant challenged the refusal of a right to appeal against the decision refusing hs asylum appeal. He had failed to attend two hearings. The respondent gave his certificate under section 73 that in his opinion the only purpose of the appeal was to delay removal.
Held: The correct approach was to to treat it as providing that ‘the claimant had no other legitimate purpose at this stage’ The claimant had already disclosed and had heard each point, it was possible for the respondent’s certificate to be correct. However the respondent had not given reasons for his decision, and it could not be concluded that delay was the only possible reason for the application.
Judges:
Mr George Bartlett QC (Sitting as a Deputy High Court Judge)
Citations:
[2003] EWHC 2152 (Admin), Times 26-Sep-2003
Links:
Statutes:
Immigration and Asylum Act 1999 73(8), European Convention on Human Right 8
Jurisdiction:
England and Wales
Citing:
Cited – Regina (Vemenac) v Secretary of State for the Home Department Admn 17-Jul-2002
The applicant was a Serb from Croatia whose application for asylum was refused. On appeal to an adjudicator he also raised human rights issues but his appeal was dismissed. He later applied again for leave to remain on the basis of his relationship . .
Cited – Balamurali, Regina (on the Application Of) v Secretary of State for the Home Department Admn 9-May-2003
. .
Cited – Alia, Regina (on the Application of) v Secretary of State for the Home Department Admn 31-Jul-2003
. .
Appealed to – Balamurali, Sandhu v Secretary of State for the Home Department CA 15-Dec-2003
The applicants challenged certificates from the respondent that their appeals were mere delaying tactice.
Held: The section aimed to grant specific rights of appeal, to ensure that all possible appeal issues were decided, and to prevent abuse. . .
Cited by:
Appeal from – Balamurali, Sandhu v Secretary of State for the Home Department CA 15-Dec-2003
The applicants challenged certificates from the respondent that their appeals were mere delaying tactice.
Held: The section aimed to grant specific rights of appeal, to ensure that all possible appeal issues were decided, and to prevent abuse. . .
Lists of cited by and citing cases may be incomplete.
Immigration, Human Rights
Updated: 20 December 2022; Ref: scu.186405
