Nine Nepalese Asylum Seekers, R (On the Application Of) v Immigration Appeal Tribunal

Nine Nepalese Asylum Seekers, R (On the Application Of) v Immigration Appeal Tribunal

The applications for judicial review were totally devoid of merit, raised no viable legal grounds, and constituted an abuse of the process of the court. Judicial review is not a mechanism to challenge findings of fact by the Adjudicator, and the Court of Appeal will strike out such applications under its inherent and procedural powers.

Parties
Claimants/appellants: Nine Nepalese Asylum Seekers; Respondent: Immigration Appeal Tribunal
Jurisdiction
England and Wales
Judgment Date
19 December 2003
Procedural Posture
Judicial Review/appeal / Appeal From Administrative Court to Court of Appeal
Outcome
All appeals dismissed as totally devoid of merit and an abuse of process.
Legal Topics
Asylum, Judicial Review, Abuse of Process, Appellate Procedure
Immigration Law Administrative Law Asylum Judicial Review Abuse of Process Appellate Procedure

Case Brief

Summary, issues, holding and outcome

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Parties

Nine Nepalese Asylum Seekers

Claimants/appellants

Immigration Appeal Tribunal

Respondent

Procedural Posture

Judicial Review/appeal / Appeal From Administrative Court to Court of Appeal

Legal Issues

  1. 1 Whether the applications for judicial review by the asylum seekers raise any viable legal grounds
  2. 2 Whether the repeated applications constitute an abuse of the court's process
  3. 3 Whether the Court of Appeal should strike out applications that are totally devoid of merit

Ratio Decidendi

The applications for judicial review were totally devoid of merit, raised no viable legal grounds, and constituted an abuse of the process of the court. Judicial review is not a mechanism to challenge findings of fact by the Adjudicator, and the Court of Appeal will strike out such applications under its inherent and procedural powers.

Court Disposition

All appeals dismissed as totally devoid of merit and an abuse of process.

Orders

  • All nine applications for permission to appeal are dismissed.
  • Direction given to court staff to bring similar cases to the judge's attention for possible striking out.