Source: All England Reporter
Publisher Citation: [2009] All ER (D) 135 (Jul)
Neutral Citation: [2009] EWCA Civ 727
Court: Court of Appeal, Civil Division
Judge:

Sedley, Toulson and Rimer LJJ
Representation 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.
Judgment Dates: 14 July 2009

Catchwords

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current active war zones - Secretary of State failing to have regard to policy when making order - Policy subsequently withdrawn - Asylum and Immigration Tribunal finding that Secretary of State's failure to have regard to policy raising ground of appeal - Tribunal remitting to Secretary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.

The Case

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.

Practice Areas

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