Source: All England Reporter
Publisher Citation: [2002] All ER (D) 184 (Jan)
Neutral Citation: [2002] UKHL 3
Court: House of Lords

Lord Slynn of Hadley, Lord Mackay of Clashfern, Lord Hoffmann, Lord Millett, Lord Rodger of Earlsferry

Representation Manjit Gill QC and Joanne Rothwell (instructed by D J Webb & Co) for the applicant.
  David Pannick QC and Lisa Giovannetti (instructed by the Treasury Solicitor) for the Secretary of State.
Judgment Dates: 24 January 2002


Immigration - Leave to enter - Refugee - Asylum - Deportation back to third country - Secretary of State certifying that applicant could be removed to safe third country - Applicant's application for judicial review of decision being stayed pending outcome of test case - Whether Secretary of State having created legitimate expectation that applicant's application would be governed by outcome of test case.

The Case

The Secretary of State for the Home Department had not created a legitimate expectation that the applicant's claim for asylum would be governed by the Court of Appeal's decision in another case.

Practice Areas

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