Glushkov, R (on the application of) v Secretary of State for Home Department & Anor [2008] EWHC 2290 (Admin) (09 September 2008)

There was insufficient material to establish that the Secretary of State acted in bad faith or irrationally in withdrawing the decision for reconsideration; the withdrawal was lawful under Rule 17(2) as the Secretary of State was genuinely reconsidering the claim.

Citation: [2008] EWHC 2290 (Admin)
Parties: Claimant: Nikolay Glushkov; First Defendant: Secretary of State for the Home Department; Second Defendant: Asylum and Immigration Tribunal
Jurisdiction: England and Wales
Judgment Date: 09 September 2008
Procedural Posture: Judicial Review / Final Judgment
Outcome: Claim dismissed
Legal Topics: Asylum, Judicial Review, Tribunal Procedure, Costs

Immigration Administrative Law Human Rights Asylum Judicial Review Tribunal Procedure Costs

Case Brief

Summary, issues, holding and outcome

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Parties

Nikolay Glushkov

Claimant

Secretary of State for the Home Department

First Defendant

Asylum and Immigration Tribunal

Second Defendant

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

1 Whether the Secretary of State's withdrawal of the decision under Rule 17(2) was lawful
2 Whether the withdrawal was made in bad faith or for tactical reasons
3 Whether the Secretary of State's decision was irrational and susceptible to judicial review

Ratio Decidendi

Court Disposition

Claim dismissed

Orders

Secretary of State awarded costs limited to skeleton argument and today's hearing, subject to detailed assessment if not agreed.
Order for confidentiality: no witness names other than claimant or Mr Berezovsky to be made public.