Dogan v Secretary of State for the Home Department

Dogan v Secretary of State for the Home Department

Section 103(2) does not confer a right of appeal where support is ended due to breach of a condition imposed at the time of grant; it only applies where support is stopped by a subsequent decision before its intended statutory end. The statute provides only limited rights of appeal, not a general right against all decisions or conditions imposed by the Secretary of State.

Parties
Appellant/interested Party: Ahmet Dogan; First Respondent/claimant: Secretary of State for the Home Department; Second Respondent/defendant: Chief Asylum Support Adjudicator
Jurisdiction
England and Wales
Judgment Date
28 October 2003
Procedural Posture
Civil Appeal / Appeal From High Court (administrative Court) to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Asylum Support, Statutory Interpretation, Appeals Process
Immigration Law Administrative Law Asylum Support Statutory Interpretation Appeals Process

Case Brief

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Parties

Ahmet Dogan

Appellant/interested Party

Secretary of State for the Home Department

First Respondent/claimant

Chief Asylum Support Adjudicator

Second Respondent/defendant

Procedural Posture

Civil Appeal / Appeal From High Court (administrative Court) to Court of Appeal

Legal Issues

  1. 1 What is the scope of the right of appeal under Section 103(2) of the Immigration and Asylum Act 1999?
  2. 2 Does the cessation of support for breach of a condition imposed under Section 95(9) trigger a right of appeal under Section 103(2)?

Ratio Decidendi

Section 103(2) does not confer a right of appeal where support is ended due to breach of a condition imposed at the time of grant; it only applies where support is stopped by a subsequent decision before its intended statutory end. The statute provides only limited rights of appeal, not a general right against all decisions or conditions imposed by the Secretary of State.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • No application for costs; appellant's costs subject to detailed assessment