QUEEN'S BENCH DIVISION
London WC2A 2LL
B e f o r e :
PRESIDENT OF THE QUEEN'S BENCH DIVISION
MR JUSTICE CRANSTON
|THE QUEEN ON THE APPLICATION OF HAMID||Applicant|
|SECRETARY OF STATE FOR THE HOME DEPARTMENT||Respondent|
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"i) CPR PD 54.18 makes provision for the hearing of judicial review applications in the Administrative Court against removal from the jurisdiction. Such applications must be made promptly on the intimation of a deportation decision, and not await the actual fixing of removal arrangements.
ii) The detailed statement required by PD 18.2(c) must include a statement of all previous applications made in respect of the applicant's immigration status, and indicate how the present state of the case differs from previous applications.
iii) Counsel or solicitors attending ex parte before the judge in the Administrative Court are under professional obligations (a) to draw the judge's attention to any matter adverse to their clients' case, including in particular any previous adverse decisions; and (b) to take a full note of the judge's judgment or reasons, which should then be submitted to the judge for approval.
viii) Counsel will remember that where the application is made ex parte there is a particular obligation to draw the court's attention to relevant authority, including in particular Country Guidance cases."
As Buxton LJ pointed out at paragraph 8, there are circumstances in which professional misconduct can arise if an application is made with the view to postponing the implementation of a previous decision where there are no proper grounds for so doing.