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

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

There was no denial of justice or arguable error of law in the Tribunal's refusal to adjourn the hearing or in its treatment of the claimant's medical evidence. The case does not fall within the exceptional category permitting judicial review alongside section 103A, and the statutory review procedure is adequate.

Parties
Claimant/appellant: Qi Chen; First Defendant/respondent: Secretary of State for the Home Department; Second Defendant: Kalyx
Jurisdiction
England and Wales
Judgment Date
08 January 2009
Procedural Posture
Judicial Review and Statutory Review (section 103 A) / Permission Hearing and Section 103 a Review
Outcome
Permission for judicial review (JR2) refused; section 103A reconsideration not ordered.
Legal Topics
Judicial Review of Tribunal Decisions, Statutory Review Under Section 103 a Nationality, Immigration and Asylum Act 2002, Natural Justice, Medical Evidence in Asylum Claims
Immigration Law Administrative Law Human Rights Law Judicial Review of Tribunal Decisions Statutory Review Under Section 103 a Nationality, Immigration and Asylum Act 2002 Natural Justice Medical Evidence in Asylum Claims

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 4 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Qi Chen

Claimant/appellant

Secretary of State for the Home Department

First Defendant/respondent

Kalyx

Second Defendant

Procedural Posture

Judicial Review and Statutory Review (section 103 A) / Permission Hearing and Section 103 a Review

Legal Issues

  1. 1 Whether refusal to adjourn asylum appeal hearing was unlawful and a breach of natural justice
  2. 2 Whether the case falls within the rare category permitting judicial review despite section 103A procedure
  3. 3 Whether there was an arguable error of law by the Tribunal

Ratio Decidendi

There was no denial of justice or arguable error of law in the Tribunal's refusal to adjourn the hearing or in its treatment of the claimant's medical evidence. The case does not fall within the exceptional category permitting judicial review alongside section 103A, and the statutory review procedure is adequate.

Court Disposition

Permission for judicial review (JR2) refused; section 103A reconsideration not ordered.

Orders

  • Judgment on section 103A application delayed for 14 days from the date of judgment.
  • Expedited transcript of judgment to be provided at public expense.