NS, R (on the application of) v Social Entitlement Chamber of the First-tier tribunal

NS, R (on the application of) v Social Entitlement Chamber of the First-tier tribunal

The First Tier Tribunal made an error of law by holding that permission to apply for judicial review was required before regulation 3(2)(e) could be satisfied. The decision is quashed and the Secretary of State must reconsider the claimant's application for accommodation under the correct legal approach.

Parties
Claimant: R (NS); First Defendant: First Tier Tribunal; Second Defendant: Secretary of State for the Home Department
Jurisdiction
England and Wales
Judgment Date
06 November 2009
Procedural Posture
Judicial Review / Judgment After Substantive Hearing
Outcome
Claim allowed to the extent of quashing the First Tier Tribunal's decision; costs awarded to claimant up to 22 September 2009; no order for costs thereafter.
Legal Topics
Provision of Accommodation to Failed Asylum Seekers, Interpretation of Immigration and Asylum (provision of Accommodation to Failed Asylum Seekers) Regulations 2005, Section 4 Immigration and Asylum Act 1999, Judicial Review Procedure, Convention Rights Under Human Rights Act 1998, Costs in Judicial Review
Immigration Law Administrative Law Human Rights Law Provision of Accommodation to Failed Asylum Seekers Interpretation of Immigration and Asylum (provision of Accommodation to Failed Asylum Seekers) Regulations 2005 Section 4 Immigration and Asylum Act 1999 Judicial Review Procedure Convention Rights Under Human Rights Act 1998 +1 more

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 6 Party arguments 2
Sign in to unlock

Parties

R (NS)

Claimant

First Tier Tribunal

First Defendant

Secretary of State for the Home Department

Second Defendant

Procedural Posture

Judicial Review / Judgment After Substantive Hearing

Legal Issues

  1. 1 Whether the First Tier Tribunal erred in law in its interpretation of regulation 3(2)(e) of the Immigration and Asylum (Provision of Accommodation to Failed Asylum Seekers) Regulations 2005
  2. 2 Whether the absence of permission to apply for judicial review is dispositive under regulation 3(2)(e)
  3. 3 Appropriate relief and costs following concession of error of law

Ratio Decidendi

The First Tier Tribunal made an error of law by holding that permission to apply for judicial review was required before regulation 3(2)(e) could be satisfied. The decision is quashed and the Secretary of State must reconsider the claimant's application for accommodation under the correct legal approach.

Court Disposition

Claim allowed to the extent of quashing the First Tier Tribunal's decision; costs awarded to claimant up to 22 September 2009; no order for costs thereafter.

Orders

  • The decision of the First Tier Tribunal (Social Entitlement Chamber) dated 2 June 2009 is quashed.
  • The Secretary of State is to reconsider the claimant's application for accommodation under section 4 of the Immigration and Asylum Act 1999, including consideration under regulation 3(2)(e).