Tariq, R (on the application of) v An Adjudicator

Tariq, R (on the application of) v An Adjudicator

Judicial review is granted to the extent that the adjudicator erred in purporting to uphold a certificate in respect of the claimant's human rights appeal, as there was only one certificate and it did not cover the human rights claim. No further relief is necessary as the right of appeal remains extant.

Parties
Claimant: Durashawar Tariq; Defendant: An Adjudicator
Jurisdiction
England and Wales
Judgment Date
10 November 2003
Procedural Posture
Judicial Review / Judgment After Permission Granted on Limited Ground
Outcome
Judicial review granted in part; application for additional grounds refused; inquiry into wasted costs ordered.
Legal Topics
Judicial Review, Asylum, Human Rights Appeal, Certification of Claims, Costs
Administrative Law Immigration Law Human Rights Law Judicial Review Asylum Human Rights Appeal Certification of Claims Costs

Case Brief

Summary, issues, holding and outcome

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Parties

Durashawar Tariq

Claimant

An Adjudicator

Defendant

Procedural Posture

Judicial Review / 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 there was an abuse of process justifying wasted costs

Ratio Decidendi

Judicial review is granted to the extent that the adjudicator erred in purporting to uphold a certificate in respect of the claimant's human rights appeal, as there was only one certificate and it did not cover the human rights claim. No further relief is necessary as the right of appeal remains extant.

Court Disposition

Judicial review granted in part; application for additional grounds refused; inquiry into wasted costs ordered.

Orders

  • Declaration clarifying the adjudicator's determination regarding certification and the extant right of appeal.
  • Claimant's legal representatives to show cause within 14 days why there should not be a wasted costs order.