Kaikai, R (on the application of) v Immigration Services Commissioner [2003] EWCA Civ 860 (11 June 2003)

Kaikai, R (on the application of) v Immigration Services Commissioner [2003] EWCA Civ 860 (11 June 2003)

The application for judicial review was refused because the applicant had an alternative remedy by way of appeal to the Immigration Services Tribunal, and there was no error of law or denial of natural justice in the tribunal's refusal to suspend the Commissioner's decision.

Citation
[2003] EWCA Civ 860
Parties
Claimant/appellant: Kaikai; Defendant/respondent: Immigration Services Commissioner
Jurisdiction
England and Wales
Judgment Date
11 June 2003
Procedural Posture
Application for Permission to Appeal (judicial Review) / Renewed Application for Permission to Appeal Refusal of Permission for Judicial Review, Stay of Execution, and Extension of Time
Outcome
Application refused
Legal Topics
Judicial Review, Alternative Remedy, Suspension of Decision, Natural Justice
Administrative Law Immigration Law Judicial Review Alternative Remedy Suspension of Decision Natural Justice

Case Brief

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Parties

Kaikai

Claimant/appellant

Immigration Services Commissioner

Defendant/respondent

Procedural Posture

Application for Permission to Appeal (judicial Review) / Renewed Application for Permission to Appeal Refusal of Permission for Judicial Review, Stay of Execution, and Extension of Time

Legal Issues

  1. 1 Whether the refusal to suspend the Commissioner's decision was unlawful
  2. 2 Whether the applicant was denied natural justice
  3. 3 Whether judicial review is available where an alternative remedy exists

Ratio Decidendi

The application for judicial review was refused because the applicant had an alternative remedy by way of appeal to the Immigration Services Tribunal, and there was no error of law or denial of natural justice in the tribunal's refusal to suspend the Commissioner's decision.

Court Disposition

Application refused

Orders

  • Application for permission to appeal refused