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 review rather than an out-of-country appeal.
Held: The court emphasised the appeal structure that Parliament had laid down in the 2002 Act with respect to various types of immigration decision. The courts had to respect that framework which was not open to challenge by way of judicial review unless there were special or exceptional factors at play.
Judges:
Sir Mark Potter P, Sedley LJ, Wilson LJ
Citations:
[2007] EWCA Civ 773
Links:
Statutes:
Immigration and Asylum Act 1999 10, Nationality, Immigration and Asylum Act 2002 82 92
Jurisdiction:
England and Wales
Cited by:
Cited – RK (Nepal)), Regina (On the Application of) v Secretary Of State for the Home Department CA 30-Apr-2009
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: . .
Lists of cited by and citing cases may be incomplete.
Immigration
Updated: 09 November 2022; Ref: scu.258399
