Garden Court Chambers - Immigration Law Bulletin

Garden Court Chambers - Immigration Law Bulletin - Issue 338

Ignaoua, R (Application of) v SSHD [2013] EWHC 2512 (Admin)

It is the clear Parliamentary intention of s.15 of the Justice and Security Act 2013, that where a person has been excluded from the United Kingdom on grounds of the public good, in reliance on information which in the Secretary of State's opinion should not be made public for national security or similar reasons, a challenge to the exclusion direction must be advanced in the Special Immigration Appeals Commission (SIAC) if the Secretary of State has certified the direction. Therefore, as SIAC is the only avenue for such challenges, the Secretary of State can certify exclusion directions made before commencement of the legislation and can terminate existing judicial review proceedings in which these directions are being challenged.

For the full judgment, click here . . . .

C1 & Ors v SSHD (Rev 2) [2013] EWHC 2415 (Admin)

Anthony Thornton QC, sitting as a deputy High Court Judge, held that a refusal by the Secretary of State for the Home Department to accept the claimant mother and daughter's resettlement in the United Kingdom as mandate refugees was unlawful and perverse. The Secretary of State had misapplied her mandate refugee policy by taking into account irrelevant considerations and failing to take into account relevant considerations. There was a lack of reasoning in her decision and it was neither structured nor compliant with the policy.

For the full judgment, click here . . . .