R v Secretary of State for Foreign and Commonwealth Affairs, ex p. Everett [1988] EWCA Civ 7 (20 October 1988)

R v Secretary of State for Foreign and Commonwealth Affairs, ex p. Everett [1988] EWCA Civ 7 (20 October 1988)

The refusal to issue a passport under the prerogative is amenable to judicial review, but in this case, although the Secretary of State failed to provide full reasons and an opportunity for representations at the time of refusal, the applicant suffered no injustice because he subsequently received all relevant information and had no exceptional circumstances to present. Therefore, no relief should be granted.

Citation
[1988] EWCA Civ 7
Parties
Applicant/respondent: The Queen (on the application of Ronald James Everett); Respondent/appellant: Secretary of State for Foreign and Commonwealth Affairs
Jurisdiction
England and Wales
Judgment Date
20 October 1988
Procedural Posture
Judicial Review / Appeal From High Court to Court of Appeal
Outcome
Appeal allowed
Legal Topics
Judicial Review of Prerogative Powers, Passport Refusal, Natural Justice, Discretionary Remedies
Administrative Law Constitutional Law Judicial Review of Prerogative Powers Passport Refusal Natural Justice Discretionary Remedies

Case Brief

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Parties

The Queen (on the application of Ronald James Everett)

Applicant/respondent

Secretary of State for Foreign and Commonwealth Affairs

Respondent/appellant

Procedural Posture

Judicial Review / Appeal From High Court to Court of Appeal

Legal Issues

  1. 1 Is the refusal to issue a passport under the Royal prerogative amenable to judicial review?
  2. 2 Was the Secretary of State's refusal to issue a passport to the applicant procedurally fair?
  3. 3 Did the Secretary of State need to provide the applicant with reasons and an opportunity to make representations before refusing the passport?

Ratio Decidendi

The refusal to issue a passport under the prerogative is amenable to judicial review, but in this case, although the Secretary of State failed to provide full reasons and an opportunity for representations at the time of refusal, the applicant suffered no injustice because he subsequently received all relevant information and had no exceptional circumstances to present. Therefore, no relief should be granted.

Court Disposition

Appeal allowed

Orders

  • Order for judicial review quashed
  • Costs awarded to the appellant