Lemtelsi, R (On the Application Of) v Secretary of State for the Home Department [2015] EWCA Civ 967 (24 June 2015)

No compelling reason for permission to appeal; judge applied well-established principles to facts; delay did not amount to illegality; risk factors properly considered.

Citation: [2015] EWCA Civ 967
Parties: Applicant/claimant: Lemtelsi; Respondent/defendant: Secretary of State for the Home Department
Jurisdiction: England and Wales
Judgment Date: 24 June 2015
Procedural Posture: Judicial Review / Renewed Application for Permission to Appeal (second Appeal)
Outcome: Permission to appeal refused
Legal Topics: Administrative Detention, Judicial Review, Deportation, Second Appeal Criteria

Immigration Law Administrative Law Administrative Detention Judicial Review Deportation Second Appeal Criteria

Case Brief

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Parties

Lemtelsi

Applicant/claimant

Secretary of State for the Home Department

Respondent/defendant

Procedural Posture

Judicial Review / Renewed Application for Permission to Appeal (second Appeal)

Legal Issues

1 Whether delay in obtaining emergency travel documents constituted illegality in detention
2 Whether the balance between risk of absconding/reoffending and cooperation was wrongly struck

Ratio Decidendi

No compelling reason for permission to appeal; judge applied well-established principles to facts; delay did not amount to illegality; risk factors properly considered.

Court Disposition

Permission to appeal refused

Orders

Permission to appeal is refused