Mylvaganam, R (on the application of), Re

Permission to proceed with the judicial review is granted on the ground relating to the safety of removal to Sri Lanka, but not on the ground of procedural unfairness.

Parties: Claimant: Mylvaganam; Defendant: Secretary of State
Jurisdiction: England and Wales
Judgment Date: 06 October 2004
Procedural Posture: Judicial Review / Permission Application
Outcome: Permission granted for judicial review (limited grounds)
Legal Topics: Asylum, Judicial Review, Certification Under Section 94 of the Nationality, Immigration and Asylum Act 2002

Immigration Law Administrative Law Asylum Judicial Review Certification Under Section 94 of the Nationality, Immigration and Asylum Act 2002

Case Brief

Summary, issues, holding and outcome

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Parties

Mylvaganam

Claimant

Secretary of State

Defendant

Procedural Posture

Judicial Review / Permission Application

Legal Issues

1 Whether the Secretary of State's certification under section 94(2) and (3) of the 2002 Act was lawful
2 Whether removal to Sri Lanka would be unsafe given the applicant's political status
3 Whether there was procedural unfairness in the Secretary of State's decision

Ratio Decidendi

Permission to proceed with the judicial review is granted on the ground relating to the safety of removal to Sri Lanka, but not on the ground of procedural unfairness.

Court Disposition

Permission granted for judicial review (limited grounds)

Orders

Permission to proceed with judicial review granted on the safety of removal ground
Procedural unfairness ground rejected