R v Secretary of State for the Home Department and Another, ex parte Javed. ; R v Same, ex parte Zulfiqar Ali. ; R v Same, Ex part Abid Ali
| Jurisdiction | England & Wales |
| Judgment Date | 17 May 2001 |
| Date | 17 May 2001 |
| Court | Court of Appeal (Civil Division) |
Court of Appeal
Before Lord Phillips of Worth Matravers, Master of the Rolls, Lord Justice Peter Gibson and Lord Justice Latham.
Constitutional law - subordinate legislation - court entitled to review
The court was entitled to review, on grounds of illegality, procedural impropriety or Wednesbury unreasonableness, subordinate legislation which had been debated in and approved by affirmative resolution of both Houses of Parliament and was entitled to assess for itself the facts presented to Parliament as supporting the legality of the subordinate legislation.
But the extent to which a statutory power was open to judicial review on the ground of irrationality depended critically on the nature and purpose of the enabling legislation.
The court was therefore entitled to review the legality of the Asylum (Designated Countries of Destination and Designated Safe Third Countries) Order (SI 1996 No 2671) in designating Pakistan a country in which there was in general no serious risk of persecution, even though the Order had been debated in and approved by Parliament, on the ground that the evidence relating to the treatment of women and Ahmadis, a religious minority, in Pakistan did not support the secretary of state's conclusion as to the risk of persecution.
The Court of Appeal so held in a reserved judgment, dismissing an appeal by the Secretary of State for the Home Department against the order of Mr Justice Turner (The Times February 9, 2001) whereby he granted applications by Asif Javed, Zulfiqar Ali and Abid Ali for judicial review of, inter alia, the secretary of state's decision to include and retain Pakistan in the list of designated countries as a country in which it appeared to him that there was in general no serious risk of persecution, and his decision to certify the applicants as subject to the expedited asylum application procedure under the provisions of paragraph 5 of Schedule 2 to the Asylum and Immigration Appeals Act 1993, as amended by the Asylum and Immigration Appeals Act 1996.
Mr Nigel Pleming, QC and Mr Steven Kovats for the secretary of state; Mr Richard Drabble, QC and Mr Eric Fripp for Asif Javed; Mr Nicholas Blake, QC and Mr Edward Grieves for Zulfiqar Ali and Abid Ali.
THE MASTER OF THE ROLLS, delivering the judgment of the court, said that the authorities made...
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