Vousden, R (on the application of) v Special Adjudicator Secretary of State for the Home Department & Anor

Vousden, R (on the application of) v Special Adjudicator Secretary of State for the Home Department & Anor

The application for judicial review is dismissed as the claimant no longer has a personal interest in the proceedings, having been granted indefinite leave to remain. It is inappropriate to make a declaration on jurisdiction in these circumstances.

Parties
Claimant: Vousden; Defendant: Special Adjudicator; Interested Party: Secretary of State for the Home Department; Intervener: Lord Chancellor's Department
Jurisdiction
England and Wales
Judgment Date
28 January 2003
Procedural Posture
Judicial Review / Judgment After Application for Judicial Review
Outcome
Application for judicial review dismissed
Legal Topics
Jurisdiction of Immigration Appellate Authority, Judicial Review Procedure, Appeal Rights Under Immigration and Asylum Act 1999
Immigration Law Administrative Law Jurisdiction of Immigration Appellate Authority Judicial Review Procedure Appeal Rights Under Immigration and Asylum Act 1999

Case Brief

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Parties

Vousden

Claimant

Special Adjudicator

Defendant

Secretary of State for the Home Department

Interested Party

Lord Chancellor's Department

Intervener

Procedural Posture

Judicial Review / Judgment After Application for Judicial Review

Legal Issues

  1. 1 Whether the Chief Adjudicator had jurisdiction to hear the appeal under section 58(5) of the Immigration and Asylum Act 1999
  2. 2 Whether the application should proceed after the claimant was granted indefinite leave to remain

Ratio Decidendi

The application for judicial review is dismissed as the claimant no longer has a personal interest in the proceedings, having been granted indefinite leave to remain. It is inappropriate to make a declaration on jurisdiction in these circumstances.

Court Disposition

Application for judicial review dismissed

Orders

  • No order as to costs
  • Detailed assessment of publicly funded costs granted to claimant's advocate