GR (Albania) v Secretary of State for the Home Department
| Jurisdiction | England & Wales |
| Judge | Lady Justice Gloster,Lord Justice Moses |
| Judgment Date | 04 October 2013 |
| Neutral Citation | [2013] EWCA Civ 1286 |
| Date | 04 October 2013 |
| Court | Court of Appeal (Civil Division) |
| Docket Number | C4/2013/2419 |
[2013] EWCA Civ 1286
IN THE COURT OF APPEAL (CIVIL DIVISION)
ON APPEAL FROM THE HIGH COURT OF JUSTICE
QUEEN'S BENCH DIVISION
(MR JUSTICE CRANSTON)
Royal Courts of Justice
Strand
London WC2A 2LL
Lord Justice Moses
Lady Justice Gloster
C4/2013/2419
Mr P Jorro and Mr Legg (instructed by Appleby Shaw) appeared on behalf of the Applicant
Ms K Apps (instructed by Treasury Solicitor) appeared on behalf of the Respondent
The applicant, RG, is an Albanian national and is a person who has claimed asylum or protection in the United Kingdom with his wife as a dependant to his claim. By an order dated 14 August 2013 Cranston J refused the applicant's application dated 3 July 2013 for permission to bring judicial review proceedings against the decision of the Secretary of State for the Home Department, which was contained in a letter dated 21 June 2013, whereby she refused him asylum and protection and certified his asylum and human rights claims as being clearly unfounded under section 94(2) of the Nationality, Immigration and Asylum Act 2002.
By order dated 14 August 2013, Cranston J, as I said, refused the applicant's application for permission to bring judicial review proceedings and recorded his view that the application was totally without merit pursuant to CPR Rules 23.12 and 54.12(7). By notice of appeal dated 23 August 2013, the applicant applied 2 days out of time for permission to appeal and for an extension of time in which to appeal against the decision of Cranston J.
By order dated 6 September 2013 Underhill LJ directed that the applicant's application for permission to appeal the decision of Cranston J and his application for an extension of time should be considered at an expedited oral hearing with liberty to the respondent Secretary of State to appear. The respondent, through Miss Apps, who appears on her behalf, has taken the point that because of the changes made to CPR Rules 54 and 52.15 for claims brought after 1 July 2013 Underhill LJ had no power to order that this application for permission to appeal should be considered at an oral hearing because, as submitted Miss Apps, this is expressly precluded by CPR 52.15 (1A). CPR 52.15, after its amendment, now reads as follows:
"(1) Where permission to apply for judicial review...
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Samia Wasif v The Secretary of State for The Home Department
...whether this was the rule-makers' intention; but it has been decided that that is the effect of the rules — see GR (Albania) v Secretary of State for the Home Department [2013] EWCA Civ 1286. 8 We should mention for completeness that there is also a provision for TWM certification in relati......