Mazaheri v SSHD

The claims relating to detention and removal directions, based on earlier flawed decisions, are best pursued as private law actions since a new lawful decision has been made; no further public law remedy is appropriate.

Parties: Claimant: Ehsan Mazaheri; Defendant: SSHD
Jurisdiction: England and Wales
Judgment Date: 23 November 2015
Procedural Posture: Judicial Review / Permission and Substantive Determination
Outcome: Application for judicial review dismissed on grounds 1, 4, and 5; grounds 2 and 3 to continue as private law claims; permission to appeal refused; costs awarded to claimant up to and including 14th October 2015 hearing.
Legal Topics: Judicial Review, Detention, Removal Directions, Costs, Fresh Claim Procedure

Immigration Law Administrative Law Judicial Review Detention Removal Directions Costs Fresh Claim Procedure

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Party arguments 2

Parties

Ehsan Mazaheri

Claimant

SSHD

Defendant

Procedural Posture

Judicial Review / Permission and Substantive Determination

Legal Issues

1 Whether detention between 28th September and 13th October 2015 was unlawful due to reliance on a flawed decision
2 Whether removal directions were unlawful due to outstanding human rights submissions and alleged use of the wrong form

Ratio Decidendi

Court Disposition

Application for judicial review dismissed on grounds 1, 4, and 5; grounds 2 and 3 to continue as private law claims; permission to appeal refused; costs awarded to claimant up to and including 14th October 2015 hearing.

Orders

Grounds 2 and 3 to continue as if started by a Part 7 Claim Form in the Central London County Court
Defendant to pay claimant's costs on the standard basis to be assessed if not agreed