- Applied — ZK v London Borough of Redbridge 2020-12-01
“…d fail to comply with its section 42 obligation. That test applied by Swift J derived from R (Refugee Legal Centre) v Secretary of State forthe home Department [2005] 1 WLR 2219 (andR (Tabbakh) v Staffordshire andWest Midlands Probation Trust). In both of those cases, as the judge recognised, the focus of the challenge was the fairness…”
- Cited — FB (Afghanistan) & Anor, R (On the Application Of) v The Secretary of State for the Home Department 2020-10-21
“…irness is inherent in the system itself”; or, as Sedley LJ put it in R (Refugee Legal Centre) v Secretary of State for theHome Department [2004] EWCA Civ 1481; [2005] 1 WLR 2219, at [7], it is sufficient for the claimant to show that there is “a proven risk of injustice which goes beyond aberrant interviews or decisions and inheres in …”
- Considered — PN (Uganda), R (On the Application Of) v Secretary of State for the Home Department 2020-09-28
“…ht into force. The fairness of DFT decision making was considered in R(Refugee Legal Centre) v Secretary of State for the Home Department [2004] EWCA Civ 1481; [2005] 1 WLR 2219, but there was no challenge to the lawfulness of the 2003 Rules.…”
- Cited — Bayer Plc & Anor v NHS Darlington CCG & Ors 2020-03-25
“…ected might choose an unlawful mode of implementation. The issue in R (Refugee Legal Centre) v Secretary of State for the Home Department [2004] EWCA Civ 1481, [2005] 1 WLR 2219, and R (Tabbakh) v Staffordshire and West Midlands Probation Trust [2014] EWCA Civ 827, [2014] 1 WLR 4620, to which we were also referred, was likewise differe…”
- Cited — BF (Eritrea) v Secretary of State for the Home Department 2019-05-23
“…Mr Hermer was referred by the Court to R (Refugee Legal Centre) v Secretary of State for the Home Department [2004] EWCA Civ 1481, [2005] 1 WLR 2219, which is the start of the line of authorities reviewed in the Director of Legal Aid Casework case. It concerned a challenge to the fairness of a pilot system …”
- Cited — Siddiqui, R (On the Application Of) v Lord Chancellor & Ors 2019-05-10
“…and Upper Tribunal was struck down as being structurally unfair. In that case, words were cited of Sedley LJ in an earlier case, R (Refugee Legal Centre) v SSHD[2005] 1 WLR 2219 at paragraph 8, on which Mr Davidson relies. Sedley LJ recognised that the choice of an acceptable system (in those cases it was under the Tribunals, Court and…”
- Cited — TN (Vietnam) & Anor, R. (On the Application of) v Secretary of State for the Home Department & Anor 2018-12-19
“… roots can be traced back to the decision of the Court of Appeal in R (Refugee Legal Centre) v Secretary of State for the Home Department [2004] EWCA Civ 1481; [2005] 1 WLR 2219. In order to challenge the entire system of such rules it is not necessary to show that the rules will lead to unfairness in every case. Rather it is the creat…”
- Cited — Citizens UK, R (On the Application Of) v Secretary of State for the Home Department 2018-07-31
“…It should be noted that in R (Refugee Legal Centre) v Secretary of State for the Home Department [2004] EWCA Civ 1481; [2005] 1 WLR 2219, at para. 8, Sedley LJ (giving the judgment of the Court) said:…”