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High Court, having refused a challenge to a deportation order, refuses leave to appeal to the Court of Appeal, on the grounds that: the proposed questions did not arise from the judgment; there was no breach of established principles; and it was not in the public interest that an applicant, who has from the outset abused the immigration system, should be granted a further mechanism to perpetuate a presence in the country.
Asylum and immigration – judicial review – costs of legal proceedings – application for leave to appeal - principles applicable to the granting or withholding of leave to appeal to the Court of Appeal – proposed questions – question arises from submissions and not the judgment – questions did not arise from the judgment - uncertainty does not reach a threshold that it is in the common good that the uncertainty be resolved for the benefit of future cases - no breach of the Worldport principles on judicial comity - not in the public interest that an applicant, who has from the outset abused the immigration system, should be granted a further mechanism to perpetuate a presence in the country - has not demonstrated an entitlement to secure certification for leave to appeal - departure from general rule of granting costs to the entirely successful party and therefor an order for costs in favour of the respondent –
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.
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