Publisher Citation: [2012] All ER (D) 93 (Oct)
Court: Family Division

Holman J (judgment delivered extempore)

Representation Rory Brown and C Kelleher (instructed by Cumbria Law Clinic) for the applicant.
  Brendan McGurk (instructed by the Treasury Solicitor) for the respondent Secretary of State.
Judgment Dates: 3 October 2012


Gender - Gender recognition - Gender recognition panel - Applicant undergoing gender re-assignment surgery - Applicant applying to gender recognition panel to have gender as female legally recognised - Panel making interim decisions seeking precise details of surgery - Panel subsequently granting application - Applicant seeking to bring statutory appeal - Whether appeal meeting statutory criteria - Whether interim decisions amounting to decision to reject application - .

The Case

Gender Gender recognition. The Family Division considered an appeal brought pursuant to s8 of the . The applicant had undergone gender re-assignment surgery and applied to the gender recognition panel to have her gender as a female recognised. The court found that there had been no decision by the gender recognition panel to reject the application and accordingly, the criteria for a statutory appeal had not been met.

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