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No substantive grounds for leave to appeal decision granting certiorari of refusal to revoke deportation order

By: James Cross BL

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High Court refuses State’s application for leave to appeal judgment granting certiorari of the refusal to revoke the deportation order after a significant change of circumstances, on the grounds that the proposed questions of exceptional public importance were based on misunderstandings, were utterly fact specific, were of limited relevance and related to arguments not made at the substantive hearing.

Asylum and immigration – judicial review – application for leave to appeal – Court granted certiorari of the refusal to revoke the deportation order after a significant change of circumstance, mainly the grant of permission to the applicant to make an application for international protection – State seeking leave to appeal - relevant caselaw - no presumption of entitlement to leave to appeal simply because it is the State that is seeking leave - five questions are proposed – questions premised on a misunderstanding – questions are utterly fact-specific – question not related to argument made during the hearing - limited relevance – EU law - misunderstanding of the statutory process – submissions barely touch on the actual statutory criteria for leave to appeal - no uncertainty in the law as regards that pivotal and determinative issue – leave to appeal refused

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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