Kaikai, R (on the application of) v Immigration Services Commissioner
The application 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.
- Parties
- Claimant/appellant: Kaikai; Defendant/respondent: Immigration Services Commissioner
- Jurisdiction
- England and Wales
- Judgment Date
- 11 June 2003
- Procedural Posture
- Judicial Review Application / Renewed Application for Permission to Appeal Refusal of Permission for Judicial Review
- Outcome
- Application refused
- Legal Topics
- Judicial Review, Alternative Remedy, Natural Justice, Suspension of Decision, Tribunal Procedure
Case Brief
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Kaikai
Claimant/appellant
Immigration Services Commissioner
Defendant/respondent
Procedural Posture
Judicial Review Application / Renewed Application for Permission to Appeal Refusal of Permission for Judicial Review
Legal Issues
- 1 Whether the refusal to suspend the Commissioner's decision was unlawful
- 2 Whether the applicant was denied natural justice
- 3 Whether judicial review is available where an alternative remedy exists
Ratio Decidendi
The application 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 for judicial review refused
Full Case Text
Judgment text and source record
Sign in to read
Sign in to read the full judgment text
Sign in to read the full judgment text. Downloads and additional research tools may depend on your plan.
Sign in to read the full judgment