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

Immigration – Deportation. The claimant Jamaican national sought judicial review of the defendant Secretary of State's decision, refusing to revoke a deportation order and to certify that decision under s 96 of the Nationality, Immigration and Asylum Act 2002. The Upper Tribunal (Immigration and Asylum Chamber), in allowing the application, held that the fact that the claimant could rely on the passage of time, which he had not been able to do so when challenging the deportation order, clearly amounted to a new matter and that the decision could not be certified.

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