Pepushi, R (on the application of) v Crown Prosecution Service [2004] EWHC 798 (Admin) (11 May 2004)

Pepushi, R (on the application of) v Crown Prosecution Service [2004] EWHC 798 (Admin) (11 May 2004)

Section 31 of the Immigration and Asylum Act 1999 defines the scope of the defence available to refugees in criminal proceedings for specified offences, and is narrower than Article 31 of the Refugee Convention as interpreted in Adimi. Parliament's enactment of s.31 precludes reliance on the broader scope of Article 31 or any legitimate expectation based on it. Judicial review is not the appropriate procedure to challenge the CPS decision to prosecute where the matter can be raised in the criminal courts.

Citation
[2004] EWHC 798 (Admin)
Parties
Claimant: Gjovalin Pepushi; Defendant: Crown Prosecution Service
Jurisdiction
England and Wales
Judgment Date
11 May 2004
Procedural Posture
Judicial Review / Application for Permission to Challenge Prosecution Decision
Outcome
Application dismissed
Legal Topics
Refugee Convention, Judicial Review of Prosecution, Section 31 Immigration and Asylum Act 1999, Legitimate Expectation, Abuse of Process
Criminal Law Immigration Law Administrative Law Refugee Convention Judicial Review of Prosecution Section 31 Immigration and Asylum Act 1999 Legitimate Expectation Abuse of Process

Case Brief

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Parties

Gjovalin Pepushi

Claimant

Crown Prosecution Service

Defendant

Procedural Posture

Judicial Review / Application for Permission to Challenge Prosecution Decision

Legal Issues

  1. 1 Whether s.31 of the Immigration and Asylum Act 1999 precludes reliance on Article 31 of the Refugee Convention as interpreted in Adimi
  2. 2 Whether judicial review is the appropriate procedure to challenge the CPS decision to prosecute in these circumstances

Ratio Decidendi

Section 31 of the Immigration and Asylum Act 1999 defines the scope of the defence available to refugees in criminal proceedings for specified offences, and is narrower than Article 31 of the Refugee Convention as interpreted in Adimi. Parliament's enactment of s.31 precludes reliance on the broader scope of Article 31 or any legitimate expectation based on it. Judicial review is not the appropriate procedure to challenge the CPS decision to prosecute where the matter can be raised in the criminal courts.

Court Disposition

Application dismissed

Orders

  • Stay on prosecution lifted
  • Application for judicial review dismissed