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High Court refused judicial review of the decision refusing a Pakistani national a residence card, on the grounds that he was not permitted to introduce new grounds or new arguments beyond the scope of the arguments on which leave was granted, and he suffered no prejudice due to the fact that the review was carried out under 2006 Regulations rather than 2015 Regulations.
Judicial review – asylum and immigration – European law – free movement of persons – Pakistani national challenging the decision refusing him a residence card as a permitted family member of his brother a British national - grounds of challenge – preliminary objection - new or previously unspecified ground - ‘legal issue’ identified in the applicants’ written submissions involves the attempted introduction of a new ground or, at the very least, a new argument that goes well beyond the scope of those that informed the grant of leave - chose not to apply to amend their statement of grounds - 2015 Regulations wrongly applied – review carried out under the 2006 Regulations - no prejudice to the applicants because there is no material difference between the 2015 and 2006 Regulations - error on the face of the record – 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.
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