15 Feb 2011
AROH v DEPARTMENT OF LABOUR HC WN CIV-2010-485-2266
- Citation
- openlaw-f227b130_2c1c_496c_96f8_21040bbec3f6.pdf
- Court
- High Court
The High Court lacked jurisdiction because the appellant did not pursue the statutory route of appeal to the Removal Review Authority under s47 and there is no RRA decision for the Court to review; execution of the removal order for a prisoner requires a Ministerial release under Parole Act s55 as applied by Immigration Act 2009 s178(3) and there is no evidence of such release; an application for judicial review would be time barred under s146A absent special circumstances; therefore the appeal is dismissed for lack of jurisdiction.