- Cited — Taj, R (On the Application Of) v The Secretary of State for the Home Department 2021-01-20
“…en the fact that remedying the breach might result in cost or administrative inconvenience to the decision maker is irrelevant (R (Refugee Legal Centre) v SSHD [ 2004] EWCA Civ 1481 at paragraph [8]; R v Secretary of State for the Home Department ex P Fayed [1998] 1 WLR 763 per Lord Woolf; Pathan at paragraph [47]).…”
- Cited — FB (Afghanistan) & Anor, R (On the Application Of) v The Secretary of State for the Home Department 2020-10-21
“…unfairness if the unfairness 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 decisi…”
- Considered — PN (Uganda), R (On the Application Of) v Secretary of State for the Home Department 2020-09-28
“…als process were brought 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
“…son to whom it was directed 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, w…”
- 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…”
- Cited — TN (Vietnam) & Anor, R. (On the Application of) v Secretary of State for the Home Department & Anor 2018-12-19
“…n important one, whose 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. Rat…”
- 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:…”