AC-2025-LON-001576 - [2025] EWHC 2592 (Admin)

Ground 4 – Unlawfulness of the Recall Decision

The Claimant’s case is that the Defendant must prove that (1) the Claimant was on licence and subject to licence conditions at the time of recall; and (2) in light of that his licence revocation and recall was justified, for breach of those conditions. His case under this Ground thus involves a number of sub-issues:

Was the Claimant ever ‘released on licence’ – the Claimant says that he was not;

Is it permissible to revoke a licence for reasons other than breach of conditions, or is the two-stage test laid out in Calder the sole means of assessing the legality of a recall decision – the Defendant says not, and that recall may take place for broader reasons of public protection;

What in fact were the reasons for the recall decision and may the Defendant rely on reasons other than the breaches of condition 5(i) and 5(iii) that were specified in the Decision Notice?

Was the decision that there had been breaches of conditions 5(i) and 5(iii), coupled with any further matters that the Defendant may rely on, a proper and sufficient justification for recall?