Fayad, R (on the application of) v Home Office

Fayad, R (on the application of) v Home Office

The matters raised by the Secretary of State, including document discrepancies and unresolved identity concerns, collectively constituted sufficiently cogent reasons for refusal of a new full passport, as accepted by the judge below.

Parties
Applicant: Fayad; Respondent: Home Office
Jurisdiction
England and Wales
Judgment Date
15 January 2016
Procedural Posture
Judicial Review / Application for Permission to Appeal
Outcome
Permission to appeal granted; directions hearing ordered.
Legal Topics
British Citizenship, Passport Entitlement, Judicial Review Procedure
Public Law Immigration Law Nationality Law British Citizenship Passport Entitlement Judicial Review Procedure

Case Brief

Summary, issues, holding and outcome

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Parties

Fayad

Applicant

Home Office

Respondent

Procedural Posture

Judicial Review / Application for Permission to Appeal

Legal Issues

  1. 1 Whether the Secretary of State had cogent reasons to refuse the issuance of a British passport to the applicant
  2. 2 Whether the judge below erred in dismissing the judicial review claim

Ratio Decidendi

The matters raised by the Secretary of State, including document discrepancies and unresolved identity concerns, collectively constituted sufficiently cogent reasons for refusal of a new full passport, as accepted by the judge below.

Court Disposition

Permission to appeal granted; directions hearing ordered.

Orders

  • Directions hearing to be held with the Respondent to attend in the week of 8 February.
  • Respondent directed to attend and clarify its position.