Glushkov, R (on the application of) v Secretary of State for Home Department & Anor

There was insufficient evidence to show that the Secretary of State's withdrawal of the decision was irrational or made in bad faith. The withdrawal was for genuine reconsideration in light of new material, and not a tactical abuse of process. The claim for judicial review must fail.

Parties: Claimant: Nikolay Glushkov; First Defendant: Secretary of State for the Home Department; Second Defendant: Asylum and Immigration Tribunal
Jurisdiction: England and Wales
Judgment Date: 09 September 2008
Procedural Posture: Judicial Review / Judgment After Substantive Hearing
Outcome: Claim dismissed
Legal Topics: Judicial Review, Asylum Procedure, Tribunal Procedure, Costs

Immigration Law Administrative Law Judicial Review Asylum Procedure Tribunal Procedure Costs

Case Brief

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Parties

Nikolay Glushkov

Claimant

Secretary of State for the Home Department

First Defendant

Asylum and Immigration Tribunal

Second Defendant

Procedural Posture

Judicial Review / Judgment After Substantive Hearing

Legal Issues

1 Whether the Secretary of State's withdrawal of the decision under Rule 17(2) was lawful and not an abuse of process
2 Whether the withdrawal was a tactical move to avoid the appeal
3 Whether the decision was irrational or made in bad faith

Ratio Decidendi

Court Disposition

Claim dismissed

Orders

Claim for judicial review dismissed
Claimant to pay Secretary of State's costs limited to the skeleton argument and the hearing, subject to detailed assessment if not agreed