R v Secretary of State for the Home Department ex parte Nader
| Jurisdiction | England & Wales |
| Judgment Date | 16 July 1997 |
| Date | 16 July 1997 |
| Court | Queen's Bench Division (Administrative Court) |
Queen's Bench Division
Scott Baker J
Miss V Miszkiel for the applicant
Miss E Grey for the respondent
No cases are referred to in the judgment
Tribunal leave granted to Secretary of State against determination by special adjudicator appeal allowed remitted to different adjudicator whether appropriate to seek judicial review of grant of leave whether within discretion of the Tribunal to remit a case to the same or another adjudicator. Asylum Appeals (Procedure) Rules 1996 r. 17
Application for leave to move for judicial review of the decision of the Tribunal to grant leave to the Secretary of State to appeal against the determination of a special adjudicator allowing the appeal of the applicant against the refusal of the Secretary of State to grant him asylum and the subsequent decision of the Tribunal to remit the case for hearing de novo by another adjudicator.
Counsel argued that leave should not have been granted and in the event the case should not have been remitted to another adjudicator.
Held:
1. The application for judicial review of the decision to grant leave was misconceived. The grant of leave was subsumed in the appeal itself.
2. It was manifest from the grounds submitted in support of the application for leave to appeal and the subsequent findings of the Tribunal that the determination was defective.
3. It was a matter of discretion for the Tribunal whether a case was remitted to the same or a different adjudicator and the court would rarely interfere with that discretion.
Scott Baker J: This application for leave to apply for judicial review came before the court with a time estimate of 30 to 40 minutes supported by Miss Miszkiel, counsel for the applicant. That estimate has regrettably proved wholly erroneous. It is most regrettable that such an erroneous time estimate was given because of the inconvenience that it causes to other litigants and to the court list.
The applicant is a Lebanese national who arrived in the United Kingdom on 23 October 1993 using a false EEC passport. Two days later he claimed asylum.
Briefly, the background history can be set out as follows. In 1989 he joined a defence battalion of the Lebanese forces. In 1990 he took part in military operations in the Lebanon during the war with General Michel Aoun. In 1992 he joined the Lebanese army and in 1993 he transferred to the military police, within, as I understand it, the Lebanese army. On 13 September 1993 he was on duty during a Hezbollah demonstration and was ordered to shoot at the demonstrators. Several were killed. He then apparently remained in hiding, before coming to the United...
To continue reading
Request your trial
-
R v IAT ex parte Balendran
...Tribunal ex parte Balendran and anr (unreported, QBD, 30 July 1997). R v Secretary of State for the Home Department ex parte Nader [1998] Imm AR 33. Appeals — asylum — allowed by special adjudicators — Secretary of State granted leave to appeal to Tribunal — whether lawful for Tribunal to g......
-
R (Wani) v Secretary of State for the Home Department and Asylum and Immigration tribunal
...AR 419; [2004] INLR 381 R v Rochford JJ ex parte Buck (1978) 68 CAR 114 R v Secretary of State for the Home Department ex parte Nader [1998] Imm AR 33 R v Secretary of State for the Home Department ex parte Robinson [1997] Imm AR 568; [1997] INLR 182 Legislation judicially considered: Asylu......
-
R (AM) (Cameroon) v Asylum and Immigration Tribunal
...on the ground that the challenge is premature: cf: R (on the application of Nader) v Secretary of State for the Home Department [1998] Imm AR 33 and R (on the application of Buck) v Rochford JJ (1978) 68 Cr App Rep 114, [1978] Crim LR 492. The proceedings should be allowed to take their cou......