Judgment of the court necessitated by a disagreement as to the terms of the order which properly reflects both OPEN and CLOSED decisions handed down on 18 March 2015. Suffice to say that we have no doubt that the declaration which properly reflects the judgments of the court is:
‘It is declared that, on a review under s.2C or s.2D of the Special Immigration Appeals Commission Act 1997, the Secretary of State is required to disclose to the Commission under Rule 10B of the Special Immigration Appeals Commission (Procedure) Rules 2003 the material identified as used by the author of any relevant report to found or to justify the facts or conclusions expressed; alternatively, if the decision under review is subsequently re-analysed, disclosure must be of such material as was in existence at the date of decision under review and which the Secretary of State considers sufficient to justify those facts and conclusions.’
Judges:
Sir Brian Leveson P QBD J, Macur DBE LJ, Ouseley J
Citations:
[2015] EWHC 1236 (Admin)
Links:
Jurisdiction:
England and Wales
Immigration
Updated: 09 July 2022; Ref: scu.546413