Pharis, R (on the application of) v Secretary of State for the Home Department [2004] EWCA Civ 654 (25 May 2004)

Pharis, R (on the application of) v Secretary of State for the Home Department [2004] EWCA Civ 654 (25 May 2004)

The removal direction was lawful because Nigeria was willing to admit the claimant, satisfying the regulatory requirement. The notice of appeal to the Court of Appeal does not automatically stay deportation; a specific application for a stay must be made and granted.

Citation
[2004] EWCA Civ 654
Parties
Claimant/appellant: Ben Pharis; Defendant/respondent: Secretary of State for the Home Department
Jurisdiction
England and Wales
Judgment Date
25 May 2004
Procedural Posture
Judicial Review Immigration / Application for Permission to Appeal From Refusal of Judicial Review
Outcome
Permission to appeal refused
Legal Topics
Deportation, Judicial Review, Stay of Removal, Appeals Procedure
Immigration Law Administrative Law Deportation Judicial Review Stay of Removal Appeals Procedure

Case Brief

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Parties

Ben Pharis

Claimant/appellant

Secretary of State for the Home Department

Defendant/respondent

Procedural Posture

Judicial Review Immigration / Application for Permission to Appeal From Refusal of Judicial Review

Legal Issues

  1. 1 Whether removal to Nigeria was lawful given the claimant's asserted nationality
  2. 2 Whether the lodging of a notice of appeal in the Court of Appeal operates as an automatic stay of deportation

Ratio Decidendi

The removal direction was lawful because Nigeria was willing to admit the claimant, satisfying the regulatory requirement. The notice of appeal to the Court of Appeal does not automatically stay deportation; a specific application for a stay must be made and granted.

Court Disposition

Permission to appeal refused

Orders

  • Permission to appeal is refused
  • Guidance issued: lodging a notice of appeal does not confer an automatic stay of deportation in immigration judicial review cases