R (Murungaru) v Secretary of State for the Home Department
| Jurisdiction | England & Wales |
| Judge | MR JUSTICE SALES |
| Judgment Date | 05 November 2009 |
| Neutral Citation | [2009] EWHC 3015 (Admin) |
| Court | Queen's Bench Division (Administrative Court) |
| Date | 05 November 2009 |
| Docket Number | CO/6870/2005 |
[2009] EWHC 3015 (Admin)
IN THE HIGH COURT OF JUSTICE QUEEN'S BENCH DIVISION
THE ADMINISTRATIVE COURT
Royal Courts of Justice
Strand
London WC2A 2LL
Mr Justice Sales
CO/6870/2005
The Claimant was unrepresented
MISS L GIOVANNETTI (instructed by THE TREASURY SOLICITOR) appeared on behalf of the Defendant
(Draft for approval)
This is an application, made at the start of the listed hearing for the substantive judicial review in this case by the Secretary of State, asking the court to dismiss the claim on the grounds that Dr Murungaru, the claimant, does not appear, whether in person or by counsel, to press his claim and argue his case for relief. What is proposed is that I make an order dismissing the claim but suspending that order for a limited period of time under a liberty to apply, to allow an opportunity for Dr Murungaru to seek to restore the matter and attend to argue the case. In my judgment, that is the appropriate way forward.
This case has a considerable history which has been outlined to me by Miss Giovannetti. So far as is relevant today, the decision to which the claim relates (namely, a decision to exclude Dr Murungaru from coming into the country on grounds that that was conducive to the public good in the light of his character, conduct and associations) is open to attack, so Dr Murungaru says, on the grounds that he was not given a proper opportunity to make representations before the decision was taken and on the grounds that insufficient reasons were given.
The background information relied upon by the Secretary of State in making his decision was treated as confidential and was made the subject of a public interest immunity certificate, the validity of which has been tested and upheld by the courts. There was then an issue as to whether a special advocate should be appointed. That issue was resolved by the Court of Appeal in the case of Murungaru v Secretary of State for the Home Department [2008] EWCA Civ 1015. The Court of Appeal concluded that no special advocate was required. In paragraphs [39]...
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