In the matter of an application by BW for Judicial Review
| Jurisdiction | Northern Ireland |
| Judge | Weatherup J |
| Judgment Date | 18 June 2004 |
| Neutral Citation | [2004] NIQB 39 |
| Court | Queen's Bench Division (Northern Ireland) |
| Date | 18 June 2004 |
| Year | 2004 |
1
Neutral Citation no. [2004] NIQB 39 Ref:
WEAF4173
Judgment: approved by the Court for handing down Delivered:
18/06/2004
(subject to editorial corrections)
IN THE HIGH COURT OF JUSTICE IN NORTHERN IRELAND
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QUEEN’S BENCH DIVISION (JUDICIAL REVIEW)
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IN THE MATTER OF AN APPLICATION BY BW FOR JUDICIAL
REVIEW
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WEATHERUP J
The application
[1] This is an application for judicial review of decisions of the General
Officer Commanding in Northern Ireland and the Ministry of Defence
discharging the applicant from the Army on grounds of security.
The background
[2] At the time of discharge in May 2002 the applicant was a full Colour
Sergeant in the Royal Irish Regiment. He had served in the Army for a total
period of 17 years. His most recent confidential report in November 1999 had
indicated that there were no special factors which would restrict his next
posting and that he was considered to be very good in almost all areas and
was recommended for promotion. Towards the end of 2001 the applicant
lodged a personal voluntarily release request with his commanding officer.
The response was that repeated requests were made for the applicant to
reconsider his request and eventually the request was withdrawn by the
applicant.
[3] On 28 February 2002 the applicant attended the offices of his
commanding officer Lieutenant Colonel Callow. The applicant was informed
that an application for his discharge was being sought by Lt. Col. Callow on
security grounds. He was not given any information about the nature of the
security grounds. The applicant submitted a statement to be considered with
the application to discharge. On 4 May 2002 the applicant received notice that
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