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Application granted to amend statement of grounds to make argument based on a matter of pure law

By: James Cross BL

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High Court, in judicial review proceedings challenging the decision to transfer Pakistani national’s asylum application to the United Kingdom, grants application to amend statement of grounds to include challenge as whether the European Union (Dublin System) Regulations 2014 is ultra vires the powers conferred by applicable domestic legislation, on the grounds that the new ground was arguable, was based on a matter of pure law and the Minister for Justice would suffer no prejudice by granting the amendment.

Judicial review – asylum and immigration – Pakistani national’s application to amend statement of grounds – challenge to the decision transferring his asylum application to another member state – leave to seek judicial review granted - notification of transfer to UK – appeal against transfer decisions - new issues at the hearing of the application for judicial review – alleged lack of clarity – alleged regulations infringed his right of access to courts of law - amendment application - principles governing the determination of an application to amend a statement of grounds in judicial review proceedings - balance between the protection of the integrity of the decision-making process and the applicant’s right of access to the courts - arguability of the new ground - explanation for his failure to raise it in time - legal representatives overlooked it - strong countervailing public policy interest in not acceding to the application because it is vital that the integrity of the immigration system - based on a matter of pure law – whether Regulation 18(3) of the 2014 Regulations is ultra vires the powers conferred by s. 3 of the European Communities Act 1972 – no prejudice - amendment granted.

Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.

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