B v Secretary of State for the Home Department [2006] EWCA Civ 839 (01 June 2006)

B v Secretary of State for the Home Department [2006] EWCA Civ 839 (01 June 2006)

Permission to appeal is granted because, on the face of it, the present case is at least as strong as U v Secretary of State for the Home Department, and it would be a miscarriage of justice to refuse permission.

Source-derived case information.

Citation
[2006] EWCA Civ 839
Parties
Claimant/appellant: B; Defendant/respondent: Secretary of State for the Home Department
Jurisdiction
England and Wales
Judgment Date
01 June 2006
Procedural Posture
Appeal / Application for Permission to Appeal
Outcome
Permission to appeal granted
Legal Topics
Family Life, Permission to Appeal, Procedural Fairness
Immigration Law Human Rights Family Life Permission to Appeal Procedural Fairness

Source-derived case record

Summary, issues, holding and outcome

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Parties

B

Claimant/appellant

Secretary of State for the Home Department

Defendant/respondent

Procedural Posture

Appeal / Application for Permission to Appeal

Legal Issues

  1. 1 Whether permission to appeal should be granted in light of the decision in U v Secretary of State for the Home Department
  2. 2 Whether the family life arguments in this case are stronger than in U

Ratio Decidendi

Permission to appeal is granted because, on the face of it, the present case is at least as strong as U v Secretary of State for the Home Department, and it would be a miscarriage of justice to refuse permission.

Court Disposition

Permission to appeal granted

Orders

  • Permission to appeal granted
  • Appellant may apply to amend the notice of appeal within two weeks of the decision in U v Secretary of State for the Home Department, subject to approval by the judge