Gunduz v Secretary of State for the Home Department

Gunduz v Secretary of State for the Home Department

Permission to appeal was refused because the consent order did not imply an erroneous adverse decision, the decision was not retaken on the same evidence, and the Secretary of State properly applied current policy as required.

Parties
Claimant/applicant: Sadik Gunduz; Defendant/respondent: Secretary of State for the Home Department
Jurisdiction
England and Wales
Judgment Date
23 July 2015
Procedural Posture
Judicial Review / Renewed Application for Permission to Appeal
Outcome
Permission to appeal refused
Legal Topics
Indefinite Leave to Remain, Consent Orders, Legacy Asylum Cases, Immigration Rules Paragraph 353, Policy Application
Immigration Law Administrative Law Indefinite Leave to Remain Consent Orders Legacy Asylum Cases Immigration Rules Paragraph 353 Policy Application

Case Brief

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Parties

Sadik Gunduz

Claimant/applicant

Secretary of State for the Home Department

Defendant/respondent

Procedural Posture

Judicial Review / Renewed Application for Permission to Appeal

Legal Issues

  1. 1 Whether the claimant was entitled to indefinite leave to remain under government policy
  2. 2 Whether the consent order implied an erroneous adverse decision
  3. 3 Whether the decision was retaken on the same evidence

Ratio Decidendi

Permission to appeal was refused because the consent order did not imply an erroneous adverse decision, the decision was not retaken on the same evidence, and the Secretary of State properly applied current policy as required.

Court Disposition

Permission to appeal refused