Ay, R (On the Application Of) v Secretary of State for the Home Department [2002] EWCA Civ 1922 (17 December 2002)

Ay, R (On the Application Of) v Secretary of State for the Home Department [2002] EWCA Civ 1922 (17 December 2002)

It is properly arguable that the Secretary of State erred in maintaining his certificate in light of evidence concerning the children's mental health and development, and that Article 8 ECHR may be engaged by the act of removal itself. Therefore, permission to seek judicial review is granted.

Citation
[2002] EWCA Civ 1922
Parties
Claimant/applicant: Yurdurdal Ay; Defendant/respondent: Secretary of State for the Home Department
Jurisdiction
England and Wales
Judgment Date
17 December 2002
Procedural Posture
Judicial Review / Permission to Apply for Judicial Review
Outcome
Permission to apply for judicial review granted; application for adjournment refused; bail refused; permission to amend claim form allowed; application to adduce fresh evidence adjourned; costs reserved.
Legal Topics
Article 8 ECHR, Deportation, Children's Mental Health, Judicial Review Procedure
Immigration Law Human Rights Law Article 8 ECHR Deportation Children's Mental Health Judicial Review Procedure

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Parties

Yurdurdal Ay

Claimant/applicant

Secretary of State for the Home Department

Defendant/respondent

Procedural Posture

Judicial Review / Permission to Apply for Judicial Review

Legal Issues

  1. 1 Whether the Secretary of State erred in maintaining his certificate in light of new evidence
  2. 2 Whether Article 8 ECHR is engaged by the act of removal itself
  3. 3 Applicability of Ullah to removals affecting children's mental health

Ratio Decidendi

It is properly arguable that the Secretary of State erred in maintaining his certificate in light of evidence concerning the children's mental health and development, and that Article 8 ECHR may be engaged by the act of removal itself. Therefore, permission to seek judicial review is granted.

Court Disposition

Permission to apply for judicial review granted; application for adjournment refused; bail refused; permission to amend claim form allowed; application to adduce fresh evidence adjourned; costs reserved.

Orders

  • Permission to adjourn the application refused
  • Permission to apply for judicial review allowed