Gosselin -v- Minister for Social Security [2016] JRC 032 (04 February 2016)

Gosselin -v- Minister for Social Security [2016] JRC 032 (04 February 2016)

The Royal Court should not entertain judicial review where statutory appeal rights on points of law remain available and unexhausted; accordingly, the representation should proceed as appeals and applications for leave to appeal, not as judicial review.

Citation
[2016] JRC 032
Parties
Representor: Mr Gosselin; Respondent: Social Security Department
Jurisdiction
Jersey
Judgment Date
04 February 2016
Procedural Posture
Application for Directions / Appeal / Preliminary Directions on Procedural Route
Outcome
Directions given for appeals and applications for leave to appeal to be heard together; judicial review route not permitted at this stage.
Legal Topics
Income Support Eligibility, Appeals Procedure, Judicial Review, Statutory Interpretation, Human Rights Compatibility
Administrative Law Social Security Law Human Rights Law Income Support Eligibility Appeals Procedure Judicial Review Statutory Interpretation Human Rights Compatibility

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Parties

Mr Gosselin

Representor

Social Security Department

Respondent

Procedural Posture

Application for Directions / Appeal / Preliminary Directions on Procedural Route

Legal Issues

  1. 1 Whether the representation should proceed as an application for leave to appeal or as an application for judicial review
  2. 2 Whether the applicant exhausted alternative remedies before seeking judicial review
  3. 3 Whether the time limits for appeal or judicial review were complied with

Ratio Decidendi

The Royal Court should not entertain judicial review where statutory appeal rights on points of law remain available and unexhausted; accordingly, the representation should proceed as appeals and applications for leave to appeal, not as judicial review.

Court Disposition

Directions given for appeals and applications for leave to appeal to be heard together; judicial review route not permitted at this stage.

Orders

  • Representation to proceed as appeals in respect of Appeals 1 and 2 and as applications for leave to appeal in respect of Appeals 3 and 4.
  • All appeals and applications for leave to appeal to be heard together.