TN (Vietnam) & Anor, R. (On the Application of) v Secretary of State for the Home Department & Anor

TN (Vietnam) & Anor, R. (On the Application of) v Secretary of State for the Home Department & Anor

Appeal decisions made under the 2005 Fast Track Rules are not automatically nullities despite the rules being ultra vires; applications to set aside such decisions require a fact-specific inquiry into procedural unfairness in the individual case. There is no presumption of unfairness, and delay or procedural conduct may be relevant but are not determinative. In TN's case, no procedural unfairness was found; in US's case, the appeal decision was quashed due to unfairness.

Parties
Appellant: TN (Vietnam); Appellant: US (Pakistan); 1st Respondent: Secretary of State for the Home Department; 2nd Respondent: Lord Chancellor
Jurisdiction
England and Wales
Judgment Date
19 December 2018
Procedural Posture
Appeal and Judicial Review / Court of Appeal Judgment on Appeal From High Court
Outcome
Appeal dismissed for TN; appeal allowed for US (appeal decision quashed).
Legal Topics
Ultra Vires, Procedural Fairness, Judicial Review, Costs Orders, Asylum Appeals
Administrative Law Immigration Law Human Rights Ultra Vires Procedural Fairness Judicial Review Costs Orders Asylum Appeals

Case Brief

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Parties

TN (Vietnam)

Appellant

US (Pakistan)

Appellant

Secretary of State for the Home Department

1st Respondent

Lord Chancellor

2nd Respondent

Procedural Posture

Appeal and Judicial Review / Court of Appeal Judgment on Appeal From High Court

Legal Issues

  1. 1 Whether appeal decisions made under the 2005 Fast Track Rules are automatically nullities due to the rules being ultra vires
  2. 2 What approach should be taken to applications to set aside such appeal decisions
  3. 3 Whether there was procedural unfairness in the case of TN

Ratio Decidendi

Appeal decisions made under the 2005 Fast Track Rules are not automatically nullities despite the rules being ultra vires; applications to set aside such decisions require a fact-specific inquiry into procedural unfairness in the individual case. There is no presumption of unfairness, and delay or procedural conduct may be relevant but are not determinative. In TN's case, no procedural unfairness was found; in US's case, the appeal decision was quashed due to unfairness.

Court Disposition

Appeal dismissed for TN; appeal allowed for US (appeal decision quashed).

Orders

  • TN to pay 50% of costs in both the appeal and judicial review claim.
  • US to pay 50% of costs in both the appeal and judicial review claim.