High Court refuses judicial review of the decision refusing a Pakistani national a residence card as a permitted family member of a British national, on the grounds that his written submissions attempt to introduce new grounds or new arguments beyond the scope on which leave was granted.
Judicial review – asylum and immigration – European law – free movement of persons – challenge to the decision refusing a Pakistani national a residence card as a permitted family member of his brother, a British national - grounds of challenge – new grounds - preliminary objection – objection to new grounds - requirement to clearly identify each ground upon which judicial review is sought - three of the four ‘legal issues’ identified in the applicants’ written submissions involve the attempted introduction of new grounds - chose not to apply to amend their statement of grounds – whether the 2015 Regulations were wrongly applied - nothing in the language of the review decision from which the inference can be drawn that the 2015 Regulations were wrongly applied – Court accepts the Minister’s evidence that the 2006 Regulations were properly applied, despite the incorrect recital on the face of the review decision - error on the face of the record - ‘member of the household of the Union citizen’ - notice of the basis for the review decision – judicial review refused.