Tehrani v Secretary of State for the Home Department: HL 18 Oct 2006

The House was asked whether an asylum applicant whose original application was determined in Scotland, but his application for leave to appeal rejected in London, should apply to challenge those decisions in London or in Scotland.
Held: Such an application must be heard in Scotland save only in exceptional circumstances. The appropriate forum would be where the applicant was living, and in this case the applicant would be time barred from an application in England. Although a Court has a discretion to refuse a remedy in judicial review on what may be described as equitable grounds, it has no discretion to refuse to entertain a competent application.


Lord Nicholls of Birkenhead, Lord Hope of Craighead, Lord Scott of Foscote, Lord Rodger of Earlsferry, Lord Carswell


[2006] UKHL 47, Times 19-Oct-2006, [2006] 3 WLR 699, [2007] 1 All ER 559, 2006 SCLR 879




Immigration and Asylum Act 1999, Immigration and Asylum Appeals (Procedure) Rules 2000 (SI 2000/2333, Civil Jurisdiction and Judgments Act 1982 46(1)




CitedRegina v Commissioner for the Special Purposes of the Income Tax Acts, Ex parte R W Forsyth Ltd 1897
The Scottish taxpayer had agreed that this appeal againat an assessment to corporation tax issued in Scotland was better heard in England. He sought judicial review of a refusal to suspend an order for repayment pending his appeal.
Held: While . .
CitedRegina (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 . .
CitedSokha v Secretary of State for the Home Department SCS 1992
Mr Sokha had entered and remained in England illegally. He was found and detained in prison in England by the authority of an immigration officer. He began initiated proceedings in the Court of Session for judicial review of the decision to detain . .
CitedRutherford v Lord Advocate 1931
The taxpayer lived in Scotland but was assessed to tax in respect of director’s fees paid to him by a company carrying on business in England. The assessment was confirmed by county general commissioners. The tax not having been paid, execution was . .
CitedLord Advocate v R W Forsyth Ltd 1986
The taxpayer appealed his corporation tax assessments and had applied to a special commissioner for postponement of payment. The applications was to be heard in Glasgow, but for convenience it was heard in London, where it failed. The taxpayer then . .
At Outer HouseBehrouz Tehrani for Judicial Review of Decisions of an Adjudicator and of an Immigration Appeal Tribunal OHCS 3-Apr-2003
The supervisory jurisdiction of the Court of Session did not extend to a review of the decisions of the adjudicator or the IAT in England. Both of them had sat outside Scotland, and therefore any judgment of the court could not be enforced against . .
CitedPetition of Behrouz Tehrani for Judicial Review and Answers OHCS 27-Apr-2004
. .

Cited by:

CitedFourie v Le Roux and others HL 24-Jan-2007
The appellant, liquidator of two South African companies, had made a successful without notice application for an asset freezing order. He believed that the defendants had stripped the companies of substantial assets. The order was set aside for . .
CitedEBA v Advocate General for Scotland SC 21-Jun-2011
The appellant had sought to challenge refusal of disability living allowance. Ultimately her request a judicial review of the Upper Tribunal’s decion was rejected on the basis that the UT, being a court of superior record, was not susceptible to . .
Lists of cited by and citing cases may be incomplete.

Immigration, Judicial Review

Updated: 08 July 2022; Ref: scu.245382