Trusted by the judiciary, government lawyers, prosecutors, and many leading counsel. Click here to request a subscription.
Trusted by the judiciary, government lawyers, prosecutors, and many leading counsel.
Click here to request a subscription.
Trusted by the judiciary, government lawyers, prosecutors, and many leading counsel. Click here to request a subscription.
|
or click here to request site subscription to search and view all judgments |
High Court refuses judicial review of the decision of the Minister for Justice to refuse an Egyptian national’s application for a visa to enter the country, where he had previously been granted an employment permit, on the grounds that: success in obtaining an employment permit is largely irrelevant to the success or failure of a visa application, and the reasons for the decision were adequate; and the proposition that the Minister for Justice was trespassing on the function of the Minister for Business, Enterprise and Innovation in arriving at her own independent decision based on the material before her is fundamentally misconceived.
Asylum and immigration – judicial review - Egyptian national challenging the decision for refusing him a visa to enter the country – had received an employment permit already – impugned decision – leave granted – adequacy of the reasons - consideration of new material at appeal stage - satisfied that there was no positive obligation on the respondent to identify the lack of consistency in the job description and draw it to the applicant’s attention – Court rejects the argument that in the circumstances of this case, fair procedures required the respondent either to ignore the new material showing inconsistencies, or to draw the applicant’s attention in advance of her intention to rely upon that new material - irrationality/unreasonableness of decision - fallen far short of the burden of proof of establishing that there was no basis for the decision - relevance of grant of employment permit - proposition that the respondent was trespassing on the function of the Minister for Business, Enterprise and Innovation in arriving at her own independent decision based on the material before her is fundamentally misconceived - respondent was entitled to require evidence of the applicant’s professional qualifications and experience and to consider same independently of any decision made in the context of a work permit application - applicant was clearly told that he had to provide evidence of qualifications, experience and skills to support his application for a visa – judicial review 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.
Trusted by the judiciary, government lawyers, prosecutors, and many leading counsel.
Click here to request a subscription.