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No basis to appeal asylum judicial review where the applicant won on other points
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High Court refuses leave to appeal judgment granting judicial review of decision refusing Georgian national international protection and leave to remain, on the grounds that: (a) no meaningful point of law was established and the decision in this case was entirely fact-specific; (b) the Georgian national succeeded independently of the proposed questions; and (c) in light of the delay in the proceedings the overall balance of justice and fairness lay with the matter proceedings to re-hearing as soon as possible.
Asylum and immigration – application for leave to appeal – Court granted judicial review of decision refusing international protection and leave to remain - law on applications for leave to appeal – possibility of compromising the proceedings – proposed questions - no point of general importance whatsoever and no wider implications- no conflict in the law as alleged – subsidiary point - over-interpretation of the judgment – Georgian national succeeded independently of the proposed questions - asylum application has already been significantly delayed - overall balance of justice and fairness - better for the matter to proceed to re-hearing before the tribunal as soon as possible - no meaningful point of law involved - decision in this case was entirely fact-specific – leave to appeal refused –
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