SS, R (on the application of) v Secretary of State for the Home Department

SS, R (on the application of) v Secretary of State for the Home Department

Given the inordinate and unexplained delay by the respondent in deciding the asylum application, the court should order the respondent to make and serve a written decision by a specified date.

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 Against Interim Order
Outcome
Appeal allowed
Legal Topics
Delay in Asylum Decision, Judicial Review Procedure, Interim Relief
Immigration Law Administrative Law Delay in Asylum Decision Judicial Review Procedure 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 Against Interim Order

Legal Issues

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

Ratio Decidendi

Given the inordinate and unexplained delay by the respondent in deciding the asylum application, the court should order the respondent to make and serve a written decision by a specified date.

Court Disposition

Appeal allowed

Orders

  • The defendant 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.