Bounar, Re Application for Judicial Review [2023] NIKB 94 (02 October 2023)

Bounar, Re Application for Judicial Review [2023] NIKB 94 (02 October 2023)

The applicant was not subject to a bail condition requiring residence at a specified address, but rather to 'suitable accommodation.' The statutory precondition for the Secretary of State's power to provide accommodation under Schedule 10 was not met. The applicant also failed to demonstrate exceptional...

Source-derived case information.

Citation
[2023] NIKB 94
Parties
Applicant: Mina Bounar; Proposed Respondent: Secretary of State for the Home Department
Jurisdiction
Northern Ireland
Judgment Date
02 October 2023
Procedural Posture
Judicial Review (application for Leave) / Leave to Apply for Judicial Review
Outcome
Leave to apply for judicial review refused
Legal Topics
Immigration Bail, Accommodation for Immigration Detainees, Article 3 ECHR, Exceptional Circumstances, Fettering of Discretion
Immigration Law Human Rights Law Administrative Law Immigration Bail Accommodation for Immigration Detainees Article 3 ECHR Exceptional Circumstances Fettering of Discretion

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Parties

Mina Bounar

Applicant

Secretary of State for the Home Department

Proposed Respondent

Procedural Posture

Judicial Review (application for Leave) / Leave to Apply for Judicial Review

Legal Issues

  1. 1 Whether the Secretary of State unlawfully refused to provide accommodation under paragraph 9 of Schedule 10 to the Immigration Act 2016 to an applicant granted conditional immigration bail
  2. 2 Whether the applicant was subject to a bail condition requiring residence at a specified address
  3. 3 Whether the refusal amounted to unlawful fettering of discretion or breach of Article 3 ECHR

Ratio Decidendi

The applicant was not subject to a bail condition requiring residence at a specified address, but rather to 'suitable accommodation.' The statutory precondition for the Secretary of State's power to provide accommodation under Schedule 10 was not met. The applicant also failed to demonstrate exceptional circumstances or to exhaust alternative avenues for accommodation. Therefore, the threshold for leave to apply for judicial review was not met.

Court Disposition

Leave to apply for judicial review refused