High Court refuses judicial review of decision refusing to review decision refusing permission to remain and of deportation order, on the grounds that there was no valid review application, and one cannot assert an entitlement to make a review application at some later stage having failed to take up the option for review within the statutory time-limit or having exercised that option unsuccessfully.
Asylum and immigration – judicial review – Albanian national refused asylum – application for leave to remain refused - appealed the protection refusal – appeal rejected – no review of permission to remain decision – judicial review of protection refusal - temporary residence permission had now ended - the issuing of judicial review proceedings or even the subsequent grant of leave does not amount to a stay on the process unless the court so orders – High Court disposed of his arguments in other proceedings – withdrew judicial review - submitted a purported review application – extension not sought - can only have one review – change of circumstances only in application to revoke deportation order - inaccurate to say that the applicant had already had a review - Minister then made a deportation order – challenge to the deportation order – Minister’s claim that there is no decision here - court has to have whatever jurisdiction is necessary to review the legality of the approach taken by executive and administrative bodies - whether the approach taken by the public body is lawful or not – whether the IPO unlawfully failed to consider the purported review application - there was no valid review application - one cannot assert an entitlement to make a review application at some later stage having failed to take up the option for review within the statutory time-limit or having exercised that option unsuccessfully -no prejudice - did not trigger the review and so the Minister had no obligation to conduct a review - futility of the application - IPO simply does not have such a jurisdiction to consider a review after that happens – no benefit – judicial review refused