Lemtelsi, R (On the Application Of) v Secretary of State for the Home Department

Lemtelsi, R (On the Application Of) v Secretary of State for the Home Department

There is no compelling reason or important point of principle or practice to justify a second appeal; the case turns on its own facts and the established legal principles were properly applied by the judge below.

Parties
Applicant/claimant: Lemtelsi; Respondent/defendant: Secretary of State for the Home Department
Jurisdiction
England and Wales
Judgment Date
24 June 2015
Procedural Posture
Judicial Review / Renewed Application for Permission to Appeal (second Appeal)
Outcome
permission to appeal refused
Legal Topics
Administrative Detention, Deportation, Judicial Review, Permission to Appeal
Immigration Law Administrative Law Administrative Detention Deportation Judicial Review Permission to Appeal

Case Brief

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Parties

Lemtelsi

Applicant/claimant

Secretary of State for the Home Department

Respondent/defendant

Procedural Posture

Judicial Review / Renewed Application for Permission to Appeal (second Appeal)

Legal Issues

  1. 1 Whether delay in obtaining emergency travel documents rendered detention unlawful
  2. 2 Whether the balance between risk of absconding/reoffending and cooperation was wrongly struck by the judge
  3. 3 Whether there is a compelling reason for a second appeal

Ratio Decidendi

There is no compelling reason or important point of principle or practice to justify a second appeal; the case turns on its own facts and the established legal principles were properly applied by the judge below.

Court Disposition

permission to appeal refused