Wani, R (on the application of) v Secretary of State for the Home Department & Anor

Wani, R (on the application of) v Secretary of State for the Home Department & Anor

Judicial review of interlocutory decisions by the AIT to reconsider an appeal for error of law is generally an abuse of process and should not be entertained; the proper remedy is by appeal after final determination. The reasons for finding an error of law must be disclosed to the parties, but the claim is dismissed as premature and without merit.

Parties
Claimant: R (Wani); First Defendant: Secretary of State for the Home Department; Second Defendant: A. I. T.
Jurisdiction
England and Wales
Judgment Date
08 December 2005
Procedural Posture
Judicial Review / Judgment After Rolled Up Hearing
Outcome
Claim dismissed
Legal Topics
Asylum, Judicial Review, Errors of Law, Reconsideration Procedure, Disclosure of Reasons
Immigration Law Administrative Law Human Rights Law Asylum Judicial Review Errors of Law Reconsideration Procedure Disclosure of Reasons

Case Brief

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Parties

R (Wani)

Claimant

Secretary of State for the Home Department

First Defendant

A. I. T.

Second Defendant

Procedural Posture

Judicial Review / Judgment After Rolled Up Hearing

Legal Issues

  1. 1 Whether judicial review lies against an interlocutory decision of the AIT to reconsider an appeal for error of law
  2. 2 Whether the reasons for finding an error of law must be disclosed to the parties
  3. 3 Whether the AIT's practice directions and procedure rules are being properly applied in transitional cases

Ratio Decidendi

Judicial review of interlocutory decisions by the AIT to reconsider an appeal for error of law is generally an abuse of process and should not be entertained; the proper remedy is by appeal after final determination. The reasons for finding an error of law must be disclosed to the parties, but the claim is dismissed as premature and without merit.

Court Disposition

Claim dismissed

Orders

  • No order as to costs
  • Detailed assessment order for legal aid