R (on the application of F) v Upper Tribunal (Immigration and Asylum Chamber)

Immigration – Deportation. The claimant Afghan national applied for asylum in the United Kingdom. That application was refused and he appealed to the First-tier Tribunal (Immigration and Asylum Chamber) (the FTT). Permission to appeal to the defendant Upper Tribunal (Immigration and Asylum Chamber) (the UT) was refused by both the FTT and the UT. The claimant brought a claim for judicial review of the UT's decision. The High Court refused to grant a stay on his removal pending consideration of that claim and he was removed to Afghanistan. Subsequently, the claimant's judicial review application was granted. The claimant applied for an order that the interested party Secretary of State should take all reasonable steps to secure his return to the UK (the order). The Administrative Court ruled that that application had been premature. The court would not make the order at the present time, but would give the claimant permission to restore the instant application if: (i) the UT found that there had been an error of law and that it would be desirable to admit further evidence from the claimant; or (ii) the UT found merit in the claimant's argument that his right of appeal as a matter of law would be jeopardised by his absence from the UK.

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