R (N) v Secretary of State for the Home Department
| Jurisdiction | England & Wales |
| Court | Queen's Bench Division (Administrative Court) |
| Judge | MR KENNETH PARKER QC,MR KENNETH PARKER |
| Judgment Date | 09 June 2006 |
| Neutral Citation | [2006] EWHC 2387 (Admin) |
| Docket Number | CO/4240/06 |
| Date | 09 June 2006 |
IN THE HIGH COURT OF JUSTICE
QUEEN'S BENCH DIVISION
THE ADMINISTRATIVE COURT
Mr Kenneth Parker Qc
CO/4240/06
MR COX (instructed by TRP SOLICITORS) appeared on behalf of the CLAIMANT
MR OTTY (instructed by TREASURY SOLICITORS) appeared on behalf of the INTERESTED PARTY
This is a renewed application for permission to apply for judicial review of the decision of the IAT of 4th April 2006. It is set out at page 2 of the bundle.
On 23rd May 2006 Sullivan J ordered a stay of the challenged decision after urgent consideration of the papers and directed that the application for permission be listed for oral hearing.
The application arises in the way set out in the chronology of the skeleton argument for the interested party —page 6 of the skeleton argument —and I will not recite that, save to note that on 4th April 2005 the claimant's appeal was still pending at the date of replacement of the IAT with the Asylum and Immigration Tribunal and that the appeal then became governed by the AIT Procedure Rules 2005 and that Rule 61 of those Rules revoked the 2003 IAT Rules including Rule 19.
The issue in the application is the meaning and scope of Rule 62(7) of the 2005 Rules, which is set out conveniently at page 6 of the bundle in the following terms:
"(7) Where —
(a) a party has been granted permission to appeal to the Immigration Appeal Tribunal against an adjudicator's determination before 4th April 2005, but the appeal has not been determined by that date; and.
(b) by virtue of a transitional provisions order the grant of permission to appeal is treated as an order for the Tribunal to reconsider the adjudicator's determination.
the reconsideration shall be limited to the grounds upon which the Immigration Appeal Tribunal granted permission to appeal."
In the application for permission, Mr Cox, for the applicant, submitted in short that, firstly, Rule 62(7) is clear; the rule precludes the Secretary of State himself from taking new points at the reconsideration stage unless a respondent's notice satisfying the provisions of the then existing Rule 19 of the 2003 Rules was properly filed. He relies on the case of JM,(Liberia) v Secretary of State for the Home Department C5/2006/1034, given on 6th February 2006. An appellant, he submitted, could only invoke a new point if that rested on an obvious error of Convention Law relying upon A v The Secretary of State for the Home Department [2006] EWCA Civ 149, ( 8th February 2006). Secondly, he contends that even if the IAT were free to re-open matters determined by the Adjudicator, on the basis put forward by the IAT in this case, the IAT misapplied its own criteria. In this context Mr Cox drew attention to the observations of May LJ in A, and those are set out at the bundle...
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