||All England Reporter
|| All ER (D) 135 (Jul)
|| EWCA Civ 727
||Court of Appeal, Civil Division
Sedley, Toulson and Rimer LJJ
||Rabinder Singh QC and Mark Symes (instructed by the Immigration Advisory Service) for the claimant.
||Robert Palmer (instructed by the Treasury Solicitor) for the Secretary of State.
||14 July 2009
Immigration - Deportation - Order for deportation - Policy existing at time of making of deportation order that enforcement action not to be taken against nationals originating from current active war zones - Secretary of State failing to have regard to policy when making order - Policy subsequently withdrawn - Asylum and Immigration Tribunal finding that Secretary of State's failure to have regard to policy raising ground of appeal - Tribunal remitting to Secretary of State - Whether tribunal in error - Meaning of enforcement action - s 24A.
Immigration Deportation. Court of Appeal, Civil Division: The appeal of the Secretary of State against the finding that he had failed to have regard to a policy which existed at the time the making of a deportation order against the claimant was dismissed as the Asylum and Immigration Tribunal had rightly found that that gave rise to a ground of appeal to the claimant. The Secretary of State's submission that the policy could have made no possible difference to his decision and would have hastened the withdrawal of the policy was remarkable. It implied that policies might be torn up whenever the policy-maker found them inconvenient or embarrassing.
- An Official transcript is the final version of the judgment prepared by shorthand writers. LexisLibrary contains all judgments from the High Court and aboveView Judgment
- Cases related to this particular case that are related to, or discuss this caseView related cases
- Commentary discussing this particular case from LexisLibrary's comprehensive range of titles including Butterworths, Halsbury's and TolleyView related commentary
- The All England Law Reports comprises judgments with headnotes and catchwords indicating the area of law and key issues of the case prepared by legally qualified editorsFind AllER Reports