Gao's Application
| Jurisdiction | Northern Ireland |
| Judge | Weatherup J |
| Judgment Date | 12 March 2004 |
| Neutral Citation | [2004] NIQb 16 |
| Court | Queen's Bench Division (Northern Ireland) |
| Date | 12 March 2004 |
| Year | 2004 |
1
Neutral Citation no [2004] NIQB 16 Ref:
WEAA4537
Judgment: approved by the Court for handing down Delivered:
12/03/2004
(subject to editorial corrections)
IN THE HIGH COURT OF JUSTICE IN NORTHERN IRELAND
QUEEN’S BENCH DIVISION (JUDICIAL REVIEW)
_________
IN THE MATTER OF AN APPLICATION BY MANG YUN GAO FOR LEAVE
TO APPLY FOR A JUDICIAL REVIEW
_________
IM THE MATTER OF AN APPLICATION BY MEI CHAI YANG FOR LEAVE
TO APPLY FOR JUDICIAL REVIEW
________
WEATHERUP J
[1] These two applications are for leave to apply for a judicial review of decisions
of the Immigration Appeal Tribunal notified to the applicants on 22 October 2003
and 14 January 2004 respectively, each refusing the applicants permission to appeal
to the Immigration Appeal Tribunal.
[2] Mr Maguire of Counsel appeared on the leave applications on behalf of the
Immigration Service to raise the preliminary issue that this Court does not have
jurisdiction to entertain an application for judicial review of such a decision of the
Immigration Appeal Tribunal. In essence it is contended on behalf of the proposed
respondent that section 101 of the Nationality Immigration and Asylum Act 2002,
which applies to decisions made after 9 June 2003, provides for a statutory review of
such decisions of the Immigration Appeal Tribunal in the High Court in England
and Wales. Accordingly the proposed respondent contends that there is an
alternative remedy available to the applicants and in the circumstances leave to
apply for a judicial review should be refused.
[3] Prior to the 2002 Act coming into effect the immigration appeal process could
have involved first of all an adjudicator’s decision, secondly an application to the
Immigration Appeal Tribunal for permission to appeal to the Immigration Appeal
Tribunal, thirdly a judicial review of a refusal of permission to appeal to the
Immigration Appeal Tribunal, fourthly a hearing before the Immigration Appeal
Tribunal and fifthly an appeal from the Immigration Appeal Tribunal to the Court
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