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09 NOV 2011

Parsipoor and another v Secretary of State for the Home Department [2011] EWCA Civ 276

Judicial review – procedure – oral hearings – academic cases

Where a claim for judicial review has been granted permission, CPR r54.18 entitles the claimant to an oral hearing unless all the parties consent otherwise.
17 March 2011
Court of Appeal (Civil Division)
Pill LJ; Lloyd LJ; Rimer LJ

(1) Mr Parsipoor and another (P) appealed against decisions to refuse oral hearings in their cases which concerned decisions of the Secretary of State in relation to section 4 of the Immigration and Asylum Act 1999 (the granting of welfare support). P had been pursing judicial review proceedings in order to be awarded welfare support under section 4. Prior to the hearing, P was granted indefinite leave to remain which disentitled them to section 4 support. The court considered the issue was then academic and so should be listed for a formal disposal, which would not include an oral hearing. However, P applied for an oral hearing to determine whether the claim should proceed on the basis that the claim was not academic at the relevant time as a range of cases should have been before the court when considering issues surrounding section 4. These issues were latterly considered in R (Kiana) v Secretary of State for the Home Department [2010] EWHC 1002 (Admin). The issue on appeal was whether P should have had an oral hearing before dismissing their claims.

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