Secretary Of State For Home Department v Ipek [2002] EWCA Civ 391 (14 March, 2002)

Secretary Of State For Home Department v Ipek [2002] EWCA Civ 391 (14 March, 2002)

The special adjudicator's statement was not a direction within the meaning of the rules, but even if it was, it was ultra vires as adjudicators lack jurisdiction to require the Secretary of State to issue a new refusal letter. The Tribunal's interpretation of 'direction' was correct and not contradictory.

Citation
[2002] EWCA Civ 391
Parties
Appellant/respondent: Secretary of State for the Home Department; Respondent/applicant: Gokham Ipek
Jurisdiction
England and Wales
Procedural Posture
Immigration Appeal / Renewed Application for Permission to Appeal to Court of Appeal
Outcome
application for permission to appeal refused
Legal Topics
Asylum Procedure, Jurisdiction of Adjudicators, Directions Under Procedural Rules
Immigration Law Administrative Law Asylum Procedure Jurisdiction of Adjudicators Directions Under Procedural Rules

Case Brief

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Parties

Secretary of State for the Home Department

Appellant/respondent

Gokham Ipek

Respondent/applicant

Procedural Posture

Immigration Appeal / Renewed Application for Permission to Appeal to Court of Appeal

Legal Issues

  1. 1 Whether the special adjudicator's statement constituted a 'direction' under the Immigration and Asylum Appeals (Procedure) Rules 2000
  2. 2 Whether the special adjudicator had jurisdiction to make such a direction under rule 33(2)
  3. 3 Whether the direction, if any, was ultra vires the rules

Ratio Decidendi

The special adjudicator's statement was not a direction within the meaning of the rules, but even if it was, it was ultra vires as adjudicators lack jurisdiction to require the Secretary of State to issue a new refusal letter. The Tribunal's interpretation of 'direction' was correct and not contradictory.

Court Disposition

application for permission to appeal refused

Orders

  • renewed application for permission to appeal dismissed