Immigration Law Practitioners Association, R (On the Application Of) v Tribunal Procedure Committee & Anor

Immigration Law Practitioners Association, R (On the Application Of) v Tribunal Procedure Committee & Anor

Rule 13 does not mandate closed material procedures but grants a judicial discretion subject to overriding fairness and proportionality; there is no evidence of systemic or inherent unfairness in its operation, and the enabling statute authorises its making.

Parties
Claimant: Immigration Law Practitioners Association; Defendant: Tribunal Procedure Committee; Defendant: Lord Chancellor
Jurisdiction
England and Wales
Judgment Date
15 February 2016
Procedural Posture
Judicial Review / Final Judgment
Outcome
Application for relief refused; Rule 13 is lawful.
Legal Topics
Tribunal Procedure Rules, Closed Material Procedure, Fair Hearing, Ultra Vires, Statutory Interpretation, Common Law Fairness
Administrative Law Immigration Law Human Rights Law Tribunal Procedure Rules Closed Material Procedure Fair Hearing Ultra Vires Statutory Interpretation +1 more

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Parties

Immigration Law Practitioners Association

Claimant

Tribunal Procedure Committee

Defendant

Lord Chancellor

Defendant

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether Rule 13 of the Tribunal Procedure (First-Tier Tribunal) (Immigration and Asylum Chamber) Rules 2014 is ultra vires the enabling statute
  2. 2 Whether Rule 13 permits systemically unfair closed material procedures in immigration appeals
  3. 3 Whether the rule violates common law and ECHR standards of fairness

Ratio Decidendi

Rule 13 does not mandate closed material procedures but grants a judicial discretion subject to overriding fairness and proportionality; there is no evidence of systemic or inherent unfairness in its operation, and the enabling statute authorises its making.

Court Disposition

Application for relief refused; Rule 13 is lawful.