JR248, Re Application for Judicial Review [2023] NIKB 28 (15 March 2023)

JR248, Re Application for Judicial Review [2023] NIKB 28 (15 March 2023)

Leave to apply for judicial review is refused because the claim is now academic between the parties, and the remaining factual dispute about historic payment delay is ill-suited to judicial review. The matter should proceed, if at all, as a claim for damages in the appropriate forum, not by way of judicial review.

Citation
[2023] NIKB 28
Parties
Applicant: JR248; Proposed Respondent: Secretary of State for the Home Department
Jurisdiction
Northern Ireland
Judgment Date
15 March 2023
Procedural Posture
Judicial Review (application for Leave) / Leave to Apply for Judicial Review—decision on Leave
Outcome
Leave to apply for judicial review refused; claim to continue as if begun by writ for factual determination of alleged deprivation of payments.
Legal Topics
Asylum Support Payments, Judicial Review—academic Proceedings, Article 8 ECHR, Delay in Statutory Payments, Public Law Remedies
Administrative Law Immigration Law Human Rights Law Asylum Support Payments Judicial Review—academic Proceedings Article 8 ECHR Delay in Statutory Payments Public Law Remedies

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Parties

JR248

Applicant

Secretary of State for the Home Department

Proposed Respondent

Procedural Posture

Judicial Review (application for Leave) / Leave to Apply for Judicial Review—decision on Leave

Legal Issues

  1. 1 Whether the applicant was unlawfully deprived of essential living expenses under Section 95 of the Immigration & Asylum Act 1999
  2. 2 Whether the claim is academic and should be dismissed
  3. 3 Whether judicial review is the appropriate forum for resolving factual disputes about payment delays

Ratio Decidendi

Leave to apply for judicial review is refused because the claim is now academic between the parties, and the remaining factual dispute about historic payment delay is ill-suited to judicial review. The matter should proceed, if at all, as a claim for damages in the appropriate forum, not by way of judicial review.

Court Disposition

Leave to apply for judicial review refused; claim to continue as if begun by writ for factual determination of alleged deprivation of payments.

Orders

  • Applicant to serve a statement of claim within 14 days.
  • No order as to costs to date, save for legal aid taxation of applicant’s costs; further costs at trial judge’s discretion.