Grant, R (on the application of) v Asylum and Immigration Tribunal
The claim for judicial review has no arguable chance of success because the Asylum and Immigration Tribunal is responsible for determining whether the application for reconsideration was in time or whether time should be extended, and the claimant did not waive any irregularity.
- Parties
- Claimant: James Grant; Defendant: Asylum and Immigration Tribunal
- Jurisdiction
- England and Wales
- Judgment Date
- 03 May 2006
- Procedural Posture
- Judicial Review / Renewed Application for Permission to Proceed With Claim
- Outcome
- Permission to proceed with claim for judicial review refused
- Legal Topics
- Asylum Appeals, Time Limits for Reconsideration, Judicial Review Procedure
Case Brief
Summary, issues, holding and outcome
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Parties
James Grant
Claimant
Asylum and Immigration Tribunal
Defendant
Procedural Posture
Judicial Review / Renewed Application for Permission to Proceed With Claim
Legal Issues
- 1 Whether the Asylum and Immigration Tribunal could order reconsideration without considering an application for extension of time
- 2 Whether the claim for judicial review has an arguable chance of success
Ratio Decidendi
The claim for judicial review has no arguable chance of success because the Asylum and Immigration Tribunal is responsible for determining whether the application for reconsideration was in time or whether time should be extended, and the claimant did not waive any irregularity.
Court Disposition
Permission to proceed with claim for judicial review refused
Orders
- Judgment to be transcribed
- Detailed assessment of claimant's costs for Legal Aid certificate upon submission of appropriate form
Full Case Text
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