A v Minister for Home Affairs 7-Feb-2019 [2019] JRC 017 (07 February 2019)

A v Minister for Home Affairs 7-Feb-2019 [2019] JRC 017 (07 February 2019)

The applicant's case involves fundamental human rights and proportionality; the consequences of the decision are profound. There is an arguable ground for judicial review with a realistic prospect of success, no alternative remedy, and no discretionary bar such as delay. Leave is granted on all grounds.

Source-derived case information.

Citation
[2019] JRC 017
Parties
Applicant: A; Respondent: Minister for Home Affairs
Jurisdiction
Jersey
Judgment Date
07 February 2019
Procedural Posture
Judicial Review Leave Application / Leave to Apply for Judicial Review
Outcome
Leave granted to seek judicial review on all grounds.
Legal Topics
Asylum, Judicial Review, Ministerial Decision, Human Rights, Proportionality, Reasons for Decision
Administrative Law Immigration Law Human Rights Law Asylum Judicial Review Ministerial Decision Human Rights Proportionality +1 more

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Parties

A

Applicant

Minister for Home Affairs

Respondent

Procedural Posture

Judicial Review Leave Application / Leave to Apply for Judicial Review

Legal Issues

  1. 1 Whether leave should be granted for judicial review of the Minister's refusal of asylum
  2. 2 Whether the Minister's reasons for refusal were adequate and intelligible
  3. 3 Whether the Minister took into account irrelevant or failed to consider relevant factors

Ratio Decidendi

The applicant's case involves fundamental human rights and proportionality; the consequences of the decision are profound. There is an arguable ground for judicial review with a realistic prospect of success, no alternative remedy, and no discretionary bar such as delay. Leave is granted on all grounds.

Court Disposition

Leave granted to seek judicial review on all grounds.

Orders

  • Leave to apply for judicial review granted.
  • Effect of the Minister's decision stayed until determination of judicial review.