SS, R (on the application of) v Secretary of State for the Home Department [2013] EWCA Civ 1715 (25 September 2013)

SS, R (on the application of) v Secretary of State for the Home Department [2013] EWCA Civ 1715 (25 September 2013)

Given the inordinate and unexplained delay by the respondent in deciding the appellant's asylum application, the court found it appropriate to order the respondent to make and serve a written decision by a specified date.

Citation
[2013] EWCA Civ 1715
Parties
Claimant/appellant: SS; Defendant/respondent: Secretary of State for the Home Department
Jurisdiction
England and Wales
Judgment Date
25 September 2013
Procedural Posture
Judicial Review / Appeal From Interim Order of High Court
Outcome
Appeal allowed
Legal Topics
Delay in Asylum Decision, Judicial Review of Administrative Inaction, Interim Relief
Immigration Law Administrative Law Delay in Asylum Decision Judicial Review of Administrative Inaction Interim Relief

Case Brief

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Parties

SS

Claimant/appellant

Secretary of State for the Home Department

Defendant/respondent

Procedural Posture

Judicial Review / Appeal From Interim Order of High Court

Legal Issues

  1. 1 Whether the delay by the Secretary of State in deciding the appellant's asylum application was unlawful
  2. 2 Whether the court should order the Secretary of State to make a decision by a specified date

Ratio Decidendi

Given the inordinate and unexplained delay by the respondent in deciding the appellant's asylum application, the court found it appropriate to order the respondent to make and serve a written decision by a specified date.

Court Disposition

Appeal allowed

Orders

  • The Secretary of State for the Home Department is ordered to make, serve, and lodge with the court a written decision on the appellant's asylum application by 4.00 pm on 15 November 2013.
  • Liberty to apply granted to both parties.