Feruzi, R (on the application of) v Special Adjudicator & Anor [2002] EWCA Civ 1704 (1 November 2002)

Feruzi, R (on the application of) v Special Adjudicator & Anor [2002] EWCA Civ 1704 (1 November 2002)

Permission to apply for judicial review is granted because the adjudicator's failure to provide reasons for upholding the certificates rendered the determination defective and there is an arguable case that the certificates are flawed.

Citation
[2002] EWCA Civ 1704
Parties
Claimant/applicant: Yemba Feruzi; Defendant/respondent: The Special Adjudicator; Defendant/respondent: The Secretary of State for the Home Department
Jurisdiction
England and Wales
Judgment Date
01 November 2002
Procedural Posture
Judicial Review Application / Renewed Application for Permission to Apply for Judicial Review Before the Court of Appeal
Outcome
Permission to apply for judicial review granted
Legal Topics
Asylum, Judicial Review, Certification Under Immigration and Asylum Act 1999
Immigration Law Administrative Law Asylum Judicial Review Certification Under Immigration and Asylum Act 1999

Case Brief

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Parties

Yemba Feruzi

Claimant/applicant

The Special Adjudicator

Defendant/respondent

The Secretary of State for the Home Department

Defendant/respondent

Procedural Posture

Judicial Review Application / Renewed Application for Permission to Apply for Judicial Review Before the Court of Appeal

Legal Issues

  1. 1 Whether the adjudicator's decision to uphold the Secretary of State's certificate was lawful
  2. 2 Whether the adjudicator provided adequate reasons for upholding the certificate
  3. 3 Whether the adjudicator erred in assessing the merits of the asylum claim

Ratio Decidendi

Permission to apply for judicial review is granted because the adjudicator's failure to provide reasons for upholding the certificates rendered the determination defective and there is an arguable case that the certificates are flawed.

Court Disposition

Permission to apply for judicial review granted

Orders

  • Permission to amend the grounds of appeal within 14 days
  • Costs of this application reserved to the hearing