Ismailaj v The Parole Board of England & Wales & Anor [2011] EWHC 1020 (Admin) (20 April 2011)

The Parole Board did not act unfairly in refusing to hold an oral hearing as there were no material factual disputes requiring such a hearing, and the Board properly considered all relevant factors in its risk assessment and decision to refuse parole.

Citation: [2011] EWHC 1020 (Admin)
Parties: Claimant: Vullnet Ismailaj; First Defendant: The Parole Board of England & Wales; Second Defendant: Secretary of State for Justice
Jurisdiction: England and Wales
Judgment Date: 20 April 2011
Procedural Posture: Judicial Review / Final Judgment After Substantive Hearing
Outcome: Application dismissed
Legal Topics: Parole Board Decisions, Procedural Fairness, Judicial Review, Oral Hearings, Risk Assessment, Deportation, Article 5 ECHR, Article 14 ECHR

Criminal Law Administrative Law Human Rights Parole Board Decisions Procedural Fairness Judicial Review Oral Hearings Risk Assessment +3 more

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Parties

Vullnet Ismailaj

Claimant

The Parole Board of England & Wales

First Defendant

Secretary of State for Justice

Second Defendant

Procedural Posture

Judicial Review / Final Judgment After Substantive Hearing

Legal Issues

1 Whether the Parole Board acted unfairly by not holding an oral hearing for the claimant's parole application
2 Whether the Parole Board failed to take into account material considerations in refusing parole

Ratio Decidendi

Court Disposition

Application dismissed

Orders

Judicial review application dismissed; no order for oral hearing; no relief granted to claimant