Bubaker v Lord Chancellor & Ors [2002] EWCA Civ 1107 (13 June 2002)

Bubaker v Lord Chancellor & Ors [2002] EWCA Civ 1107 (13 June 2002)

The Immigration and Asylum Appeals (Procedure) (Amendment) Rules 2001 are not ultra vires; they do not create actual or apparent bias, nor do they interfere with access to courts or legal representation. The rules can be operated consistently with statutory and common law rights, and any unlawful application would be subject to judicial review.

Citation
[2002] EWCA Civ 1107
Parties
Claimant/applicant: Fwad Bubaker; Defendant/respondent: The Lord Chancellor & Ors
Jurisdiction
England and Wales
Judgment Date
13 June 2002
Procedural Posture
Judicial Review Application / Renewed Application for Permission to Appeal
Outcome
Application refused
Legal Topics
Ultra Vires, Bias, Access to Courts, Procedural Fairness, Immigration Appeals
Administrative Law Immigration Law Human Rights Law Ultra Vires Bias Access to Courts Procedural Fairness Immigration Appeals

Case Brief

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Parties

Fwad Bubaker

Claimant/applicant

The Lord Chancellor & Ors

Defendant/respondent

Procedural Posture

Judicial Review Application / Renewed Application for Permission to Appeal

Legal Issues

  1. 1 Whether the Immigration and Asylum Appeals (Procedure) (Amendment) Rules 2001 are ultra vires the enabling statute
  2. 2 Whether the new rules create actual or apparent bias in the appellate process
  3. 3 Whether the rules interfere with access to courts or legal representation

Ratio Decidendi

The Immigration and Asylum Appeals (Procedure) (Amendment) Rules 2001 are not ultra vires; they do not create actual or apparent bias, nor do they interfere with access to courts or legal representation. The rules can be operated consistently with statutory and common law rights, and any unlawful application would be subject to judicial review.

Court Disposition

Application refused

Orders

  • Application refused
  • Community Funding Assessment of the applicant's costs