Immigration Law Practitioners Association, R (On the Application Of) v Tribunal Procedure Committee & Anor [2016] EWHC 218 (Admin) (15 February 2016)

Immigration Law Practitioners Association, R (On the Application Of) v Tribunal Procedure Committee & Anor [2016] EWHC 218 (Admin) (15 February 2016)

Rule 13(2) of the 2014 Rules, while permitting a closed material procedure in exceptional circumstances, is not ultra vires section 22 of the Tribunal, Courts and Enforcement Act 2007. The statutory language is sufficiently broad to authorise such a rule, and the rule is discretionary, to be exercised by judges with regard to the overriding objective of fairness. There is no evidence that the rule is inherently or systemically unfair in its terms, and the risk of unfairness can be addressed by judicial application of the rule. The challenge fails as the rule is not unlawful on its face.

Citation
[2016] EWHC 218 (Admin)
Parties
Claimant: Immigration Law Practitioners' Association; First Defendant: Tribunal Procedure Committee; Second Defendant: Lord Chancellor
Jurisdiction
England and Wales
Judgment Date
15 February 2016
Procedural Posture
Judicial Review / High Court Judgment
Outcome
Claim dismissed
Legal Topics
Tribunal Procedure Rules, Closed Material Procedures, Procedural Fairness, Statutory Interpretation, Ultra Vires, Article 6 ECHR, Article 8 ECHR, Article 3 ECHR, EU Charter of Fundamental Rights
Administrative Law Immigration Law Human Rights Law Tribunal Procedure Rules Closed Material Procedures Procedural Fairness Statutory Interpretation Ultra Vires +4 more

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Parties

Immigration Law Practitioners' Association

Claimant

Tribunal Procedure Committee

First Defendant

Lord Chancellor

Second Defendant

Procedural Posture

Judicial Review / High Court Judgment

Legal Issues

  1. 1 Whether Rule 13 of the Tribunal Procedure (First-Tier Tribunal) (Immigration and Asylum Chamber) Rules 2014 is ultra vires the enabling statute
  2. 2 Whether Rule 13 permits a closed material procedure incompatible with common law and ECHR standards of fairness
  3. 3 Whether the rule is inherently or systemically unfair in immigration appeals

Ratio Decidendi

Rule 13(2) of the 2014 Rules, while permitting a closed material procedure in exceptional circumstances, is not ultra vires section 22 of the Tribunal, Courts and Enforcement Act 2007. The statutory language is sufficiently broad to authorise such a rule, and the rule is discretionary, to be exercised by judges with regard to the overriding objective of fairness. There is no evidence that the rule is inherently or systemically unfair in its terms, and the risk of unfairness can be addressed by judicial application of the rule. The challenge fails as the rule is not unlawful on its face.

Court Disposition

Claim dismissed

Orders

  • Application for judicial review refused
  • No declaration of ultra vires or unlawfulness made in respect of Rule 13