Trunca, R (on the application of) v Secretary Of State For the Home Department [2001] EWCA Civ 1702 (7 November 2001)

Trunca, R (on the application of) v Secretary Of State For the Home Department [2001] EWCA Civ 1702 (7 November 2001)

The special adjudicator acted within his discretion in refusing a further adjournment due to insufficient medical evidence regarding the applicant's fitness to attend the hearing; the judicial review judge was correct in finding no legal flaw in that decision.

Citation
[2001] EWCA Civ 1702
Parties
Claimant/applicant: Gintaras Trunca; Defendant/respondent: The Secretary of State for the Home Department
Jurisdiction
England and Wales
Judgment Date
07 November 2001
Procedural Posture
Judicial Review (immigration/asylum) / Renewed Application for Permission to Appeal (court of Appeal)
Outcome
Application for permission to appeal refused
Legal Topics
Asylum, Adjournment of Hearings, Judicial Discretion, Medical Evidence in Proceedings
Immigration Law Administrative Law Asylum Adjournment of Hearings Judicial Discretion Medical Evidence in Proceedings

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Parties

Gintaras Trunca

Claimant/applicant

The Secretary of State for the Home Department

Defendant/respondent

Procedural Posture

Judicial Review (immigration/asylum) / Renewed Application for Permission to Appeal (court of Appeal)

Legal Issues

  1. 1 Whether the special adjudicator erred in refusing a further adjournment of the asylum appeal hearing on medical grounds
  2. 2 Whether the judicial review judge erred in upholding the adjudicator's decision

Ratio Decidendi

The special adjudicator acted within his discretion in refusing a further adjournment due to insufficient medical evidence regarding the applicant's fitness to attend the hearing; the judicial review judge was correct in finding no legal flaw in that decision.

Court Disposition

Application for permission to appeal refused

Orders

  • Application refused
  • Public funding assessment of the applicant's costs