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

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

Permission to appeal is refused because the removal direction satisfied the regulatory requirement that the claimant could be removed to a country willing to receive him, and the grounds of appeal were wholly unmeritorious. Filing a notice of appeal does not automatically stay deportation; an express application for a stay is required.

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 / Application for Permission to Appeal to the Court of Appeal From Refusal of Judicial Review
Outcome
Permission to appeal refused
Legal Topics
Deportation, Judicial Review, Stay of Removal, Procedural Practice
Immigration Law Administrative Law Deportation Judicial Review Stay of Removal Procedural Practice

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Parties

Ben Pharis

Claimant/appellant

Secretary of State for the Home Department

Defendant/respondent

Procedural Posture

Judicial Review / Application for Permission to Appeal to the Court of Appeal From Refusal of Judicial Review

Legal Issues

  1. 1 Whether the Secretary of State's decision to remove the claimant to Nigeria was lawful
  2. 2 Whether the filing of a notice of appeal to the Court of Appeal operates as an automatic stay of deportation in immigration judicial review cases

Ratio Decidendi

Permission to appeal is refused because the removal direction satisfied the regulatory requirement that the claimant could be removed to a country willing to receive him, and the grounds of appeal were wholly unmeritorious. Filing a notice of appeal does not automatically stay deportation; an express application for a stay is required.

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; express application for stay required