*R (on the application of Khan) v Secretary of State for the Home Department

Immigration – Removal. The claimant Pakistani national sought judicial review of the defendant Secretary of State's decision to remove him and detain him pending his removal. The Secretary of State contended that the application should fail because the claimant had an alternative remedy. The Administrative Court considered the potential conflict in the jurisprudence of the High Court and the Upper Tribunal as to the principles governing when the jurisdiction of the High Court should be exercised. It then refused to entertain the application, as an alternative remedy existed by way of out of country appeal to the First-tier Tribunal (Immigration and Asylum Chamber) and that was the proper avenue for challenging the Secretary of State's decision.

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