Wellington Paul Watson, R (on the application of) v The Secretary of State for the Home Department & Anor

Wellington Paul Watson, R (on the application of) v The Secretary of State for the Home Department & Anor

The First-tier Tribunal is the appropriate forum to determine whether the appeal process is effective and Article 8 compliant. The evidence does not establish that the appeal process would breach procedural or substantive Article 8 rights. The judicial review application is stayed pending exhaustion of appeal rights before the Tribunal.

Parties
Applicant: Wellington Paul Watson; First Respondent: Secretary of State for the Home Department; Second Respondent: First-tier Tribunal (Immigration and Asylum Chamber)
Jurisdiction
England and Wales
Judgment Date
10 May 2018
Procedural Posture
Judicial Review / Application for Permission to Bring Judicial Review Proceedings
Outcome
Application for permission to bring judicial review proceedings stayed; application challenging First-tier Tribunal's refusal to stay appeal proceedings refused.
Legal Topics
Section 94 B Certification, Article 8 ECHR, Procedural Fairness, Deportation, Judicial Review, Children's Best Interests
Immigration Law Human Rights Law Administrative Law Section 94 B Certification Article 8 ECHR Procedural Fairness Deportation Judicial Review +1 more

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Parties

Wellington Paul Watson

Applicant

Secretary of State for the Home Department

First Respondent

First-tier Tribunal (Immigration and Asylum Chamber)

Second Respondent

Procedural Posture

Judicial Review / Application for Permission to Bring Judicial Review Proceedings

Legal Issues

  1. 1 Whether maintenance of section 94B certification and refusal to facilitate return breaches procedural and substantive Article 8 rights
  2. 2 Whether the appeal process before the First-tier Tribunal is effective and fair for an out-of-country appellant
  3. 3 Whether the Secretary of State lawfully exercised discretion regarding section 94B certification

Ratio Decidendi

The First-tier Tribunal is the appropriate forum to determine whether the appeal process is effective and Article 8 compliant. The evidence does not establish that the appeal process would breach procedural or substantive Article 8 rights. The judicial review application is stayed pending exhaustion of appeal rights before the Tribunal.

Court Disposition

Application for permission to bring judicial review proceedings stayed; application challenging First-tier Tribunal's refusal to stay appeal proceedings refused.

Orders

  • Application for permission to bring judicial review proceedings challenging the Secretary of State's decisions is stayed.
  • Applicant may apply to remove the stay within 21 days of the ultimate outcome of his appeal to the Tribunal.