Khurma v Secretary of State for the Home Department

The application for permission to appeal is dismissed because there are no real prospects of success on the grounds advanced, including Article 8 ECHR, and the application for adjournment was not justified. The solicitors' conduct in providing an inaccurate explanation for the adjournment request was inappropriate.

Parties: Claimant/applicant: Khurma; Defendant/respondent: Secretary of State for the Home Department
Jurisdiction: England and Wales
Judgment Date: 08 July 2015
Procedural Posture: Judicial Review (immigration and Asylum) / Application for Permission to Appeal From Upper Tribunal
Outcome: Application for permission to appeal dismissed
Legal Topics: Permission to Appeal, Adjournment Applications, Solicitor Conduct, Article 8 ECHR

Immigration Law Civil Procedure Permission to Appeal Adjournment Applications Solicitor Conduct Article 8 ECHR

Case Brief

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Parties

Khurma

Claimant/applicant

Secretary of State for the Home Department

Defendant/respondent

Procedural Posture

Judicial Review (immigration and Asylum) / Application for Permission to Appeal From Upper Tribunal

Legal Issues

1 Whether permission to appeal should be granted from the Upper Tribunal's refusal of judicial review
2 Whether the application for adjournment was properly made and justified
3 Whether there were real prospects of success on the grounds of appeal, including Article 8 ECHR

Ratio Decidendi

Court Disposition

Application for permission to appeal dismissed

Orders

Application for permission to appeal is dismissed
A partner from Abbott Solicitors to attend court on 15th July to explain conduct