High Court grants judicial review of decision refusing review of refusal of an Indian national’s application for residence permission based on his claimed parentage of an EU national child, which the Indian national withdrew, on the grounds that the Minister for Justice erred in law and acted ultra vires in refusing to accept the relevant review application as being withdrawn.
Asylum and immigration – judicial review – Indian national appealing decision that the UK is responsible for processing his asylum claim – application for residence permission based on his claimed parentage of an EU national child - wrote to withdraw his application on the basis that his relationship with the EU national by reference to whom his application had been grounded had broken down – Minister wrote informed him of intention to refuse the application – Minister decided that he ceased to be entitled to any right of residence – proposal to deport issued and then rescinded - whether the Minister erred in law and acted ultra vires in refusing to accept the relevant review application as being withdrawn - not open to the Minister after the withdrawal to treat the application as a live one – nothing to support contention that an application cannot be withdrawn without the permission of the Minister - court sees no legitimate objective in refusing to permit a review to be withdrawn, let alone doing so for the purpose of proceeding to make a purported finding in the context of the withdrawn application - not open to the Minister to subject a former applicant to a fact-finding process in respect of a withdrawn application - lawfulness is in any event fatally tainted by various deficiencies – whether the proceedings are moot - three decisions remain live and assailable – judicial review granted.