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23 June 2017
Issue: 7751 / Categories: Case law , Law digest , In Court
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Immigration

Khan v Secretary of State for the Home Department [2017] EWCA Civ 424, [2017] All ER (D) 75 (Jun)

The Court of Appeal allowed the appellant Pakistani national’s asylum seeker’s appeal in relation to a dismissal by the Upper Tribunal (Immigration and Asylum Chamber) (the UT) of an application for judicial review on the basis that there was an alternative remedy by way of appeal to the First-tier Tribunal (Immigration and Asylum Chamber). The UT had erred in deciding that the existence of an alternative remedy was not determinative in the exercise of discretion. Cumulatively, the circumstances meant that it not only could but should have gone on to determine the jurisdiction issue itself. It could have done so while still maintaining that in general the jurisdiction issue should be determined in the first instance by the FTT.

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NEWS
Restrictions on workplace non-disclosure agreements could make settlements slower, more complex and more expensive when reforms expected in 2027 take effect
Private prosecutors face closer scrutiny under Crown Prosecution Service guidance designed to strengthen accountability and consistency when intervention is requested
Foreign states cannot necessarily claim immunity for cyber operations launched abroad against computers in Britain, following a divided Supreme Court ruling
Defendants who make unsupported complaints about their lawyers risk losing legal aid while confiscation proceedings continue without representation
Lawyers advising Russian clients face different sanctions restrictions across the UK, EU and US, despite their shared objective of increasing pressure on Russia
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