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Reported Case

Khan v Secretary of State for the Home Department [2014] EWCA Civ 88 (11 February 2014)

Date: 11/02/2014
Duncan Lewis, Reported Case Solicitors, Khan v Secretary of State for the Home Department [2014] EWCA Civ 88

*sm*Appeal for Judicial Review- England and Wales Court of Appeal (Civil Division) - EWCA Civ 88 (11 February 2014)*em*

This is an appeal from the order of Turner J of 21 February 2013 a claim for judicial review brought by the Appellant in respect of a decision of the SSHD of 15 March 2012 refusing to revoke a deportation order made against him on 6 February 2012.
In accordance with section 96(1) of the Nationality Immigration and Asylum Act 2002 , the SSHD also certified that a) the Appellant was notified of a right of appeal against another immigration decision; b) that the claim or application to which the SSHD's decision related relied upon a matter that could have been raised in an appeal against the other decision; and c) that in the SSHD's opinion, there was no satisfactory reason for that matter not having been raised in an appeal against the other decision.
The result of that certificate was that the Appellant had no right to appeal to the First-tier Tribunal under section 82 of the 2002 Act. In the judicial review the Appellant challenges the Respondent's entitlement so to certify.

 

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