Vasilenko & Anor v Secretary of State for the Home Department

Vasilenko & Anor v Secretary of State for the Home Department

Applicants have arguable grounds for judicial review on both their citizenship/statelessness status and potential breach of Article 8 rights; permission to proceed is granted and stay on removal remains.

Parties
Claimants/appellants: Vasilenko & Anr; Defendant/respondent: Secretary of State for the Home Department
Jurisdiction
England and Wales
Judgment Date
26 April 2006
Procedural Posture
Judicial Review Application / Permission to Appeal Against Refusal to Seek Judicial Review
Outcome
Permission to appeal granted; application for judicial review to proceed; stay on removal continued.
Legal Topics
Statelessness, Right to Remain, Article 8 ECHR, EU Citizenship
Immigration Law Human Rights Law Statelessness Right to Remain Article 8 ECHR EU Citizenship

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Parties

Vasilenko & Anr

Claimants/appellants

Secretary of State for the Home Department

Defendant/respondent

Procedural Posture

Judicial Review Application / Permission to Appeal Against Refusal to Seek Judicial Review

Legal Issues

  1. 1 Whether removal of applicants is lawful given their status as Latvian citizens or stateless persons
  2. 2 Whether removal breaches Article 8 ECHR rights

Ratio Decidendi

Applicants have arguable grounds for judicial review on both their citizenship/statelessness status and potential breach of Article 8 rights; permission to proceed is granted and stay on removal remains.

Court Disposition

Permission to appeal granted; application for judicial review to proceed; stay on removal continued.

Orders

  • Permission to seek judicial review granted
  • Case referred to Administrative Court for directions