Guarav Sat Paul Jakhu, R (on the application of) v The Secretary of State for the Home Department [2015] UKUT 693 (IAC)

[2015] UKUT 00693 (IAC)
Upper Tribunal
Immigration and Asylum Chamber
Judicial Review Decision Notice
The Queen on the application of
Guarav Sat Paul Jakhu
Applicant
v
Secretary of State for the Home Department
Respondent
The Honourable Mr Justice McCloskey, President
Mr CMG Ockelton, Vice President
Application for permission to apply for judicial review
Venue Having considered all documents lodged and having heard the parties’ respective representatives, Mr A Swain (of Counsel), instructed by Eagles Solicitors, on behalf of the Applicant and Mr R Harland (of Counsel), instructed by the Government Legal Department, on behalf of the Respondent, at a hearing at Field House, London on 02 and 05 October 2015.
The demonstration of an unambiguous promise or representation devoid of any relevant qualification is an essential prerequisite to establishing a substantive legitimate expectation to which the tribunal will give effect.
Judgment
Between
Guarav Sat Paul Jakhu, R (on the application of)AppellantThe Secretary of State for the Home DepartmentRespondentDate 2015-07-28
[15]Applicant V Secretary of State for the Home Department Respondent

Having considered all documents lodged by the parties

[16]Direction of the President, The Honourable Mr Justice McCloskey[17][1] This file has been transferred to me as part of my endeavours to identify and collate all of the “TOEIC/ETS” cases in the UT(IAC) system.[18][2] I have noted in particular the permission order of UTJ Freeman dated 30 April 2015 and the subsequent exchanges between the parties’ representatives. I note the controversy relating to the grounds upon which permission has been granted. This will be easily resolved without the need for a further hearing and I shall do so.[19][3] At this juncture, however, the most important consideration is that of progress and timetabling. This, as the Applicant’s note of 29 April 2015 recognises, will inevitably be influenced by the judgment of this Chamber in the case of Gazi v SSHD. Please note, in this respect, that judgment in that case will be handed down on 27 May 2015.[20][4] The progressing of cases in this field is also influenced by the consideration that the Court of Appeal has listed two appeals in early July. In one of these there will, I anticipate, be an opportunity to pronounce on the correctness of the Gazi decision and my earlier decision on R (Mahmood) v SSHD [2014] UKUT 439 (IAC).[21][5] Given the potential for authoritative Court of Appeal guidance in the very near future, I have decided to stay all of these cases for what I trust will be a relatively short period. In cases (such as the present) where permission has been granted, there will be an additional order prohibiting the initiation of any steps designed to remove the Applicant from the United Kingdom until further order.[22][6] Finally, there will be liberty to apply. This will (inter alia) enable any party to make representations in writing about the terms of this order. Signed: The Honourable Mr Justice McCloskey Dated: 22 May 2015 Sent to the Applicant, Respondent and any interested party / the Applicant’s, Respondent’s and any interested party’s solicitors on (date): Home Office Ref: Upper Tribunal Immigration and Asylum Chamber Judicial Review Notice of Directions The Queen on the application of

Muhammed Usman Binyameen

[23]Applicant V Secretary of State for the Home Department Respondent AND All Other “ETS” / “TOEIC” Cases[25]Direction of the President, The Honourable Mr Justice McCloskey[26][1] In light of the recent Court of Appeal decisions, the stay previously ordered in this case and in all kindred cases viz those with an “ETS”/“TOEIC” element is hereby terminated.[27][2] The general prohibition on removal from the United Kingdom is also terminated, with effect from 17 August 2015. This issue will thenceforth be the subject of executive and / or judicial decision on a case – by – case basis[28][3] The Upper Tribunal is in the process of transmitting to all judicial review Applicants the attached Notice.[29][4] Liberty to apply. Signed: The Honourable Mr Justice McCloskey Dated: 30 July 2015 Sent to the Applicant, Respondent and any interested party / the Applicant’s, Respondent’s and any interested party’s solicitors on (date): Home Office Ref: Upper Tribunal Immigration and Asylum Chamber Judicial Review Notice of Directions

The Queen on the application of Gaurav Sat Paul Jakhu

[30]Applicant v Secretary of State for the Home Department

Respondent

[31]Directions of the Lawyer of the Upper Tribunal (1). If the applicant considers that his claim has merit, he is to lodge within 7 days from the date this order is sealed amended grounds (with application fee) presenting his claim in the light of the authorities binding on the Tribunal; (2). Failure to comply with paragraph (1) will have the effect that this claim will be struck out automatically under Rule 8(1) (a); (3). Costs reserved. Signed: Lawyer of the Upper Tribunal[36]Dated: 28 July 2015 Sent to the Applicant, Respondent and any interested party / the Applicant’s, Respondent’s and any interested party’s solicitors on (date): Home Office Ref: