Tariq, R (on the application of) v An Adjudicator [2003] EWHC 2866 (Admin) (10 November 2003)

Tariq, R (on the application of) v An Adjudicator [2003] EWHC 2866 (Admin) (10 November 2003)

Judicial review granted to clarify that the adjudicator erred in purporting to uphold a certificate in respect of the claimant's human rights appeal, as there was no such certification; no further relief required as the right of appeal on human rights grounds remains extant.

Citation
[2003] EWHC 2866 (Admin)
Parties
Claimant: Durashawar Tariq; Defendant: An Adjudicator
Jurisdiction
England and Wales
Judgment Date
10 November 2003
Procedural Posture
Judicial Review / Final Judgment After Permission Granted on Limited Ground
Outcome
Judicial review granted on certification point; no further relief ordered; application for wasted costs to be determined after submissions.
Legal Topics
Asylum Certification, Human Rights Appeal, Judicial Review Procedure, Wasted Costs Applications
Immigration Law Human Rights Law Administrative Law Asylum Certification Human Rights Appeal Judicial Review Procedure Wasted Costs Applications

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Parties

Durashawar Tariq

Claimant

An Adjudicator

Defendant

Procedural Posture

Judicial Review / Final Judgment After Permission Granted on Limited Ground

Legal Issues

  1. 1 Whether the adjudicator erred in upholding a certificate in respect of the claimant's human rights appeal
  2. 2 Whether additional grounds could be argued out of time
  3. 3 Whether the claimant's representatives should show cause regarding wasted costs

Ratio Decidendi

Judicial review granted to clarify that the adjudicator erred in purporting to uphold a certificate in respect of the claimant's human rights appeal, as there was no such certification; no further relief required as the right of appeal on human rights grounds remains extant.

Court Disposition

Judicial review granted on certification point; no further relief ordered; application for wasted costs to be determined after submissions.

Orders

  • Declaration that adjudicator erred in upholding certificate on human rights appeal
  • Claimant's representatives to show cause within 14 days why wasted costs order should not be made