AC-2024-LON-000883 - [2025] EWHC 2019 (Admin)

In C7 v Secretary of State for the Home Department (Appeal No.: SC/171/2020; 18 March 2021), SIAC (Chamberlain J sitting alone) held that the power to award costs in an appeal under section 2B is not part of the jurisdiction conferred on SIAC by statute. He observed in brief terms at paragraph 3 of the judgment that, by contrast, in proceedings for review under (for example) section 2D(4), SIAC had express power to make an order for costs. These remarks are plainly obiter dicta and we are not bound by them. No record of the argument (if any) about costs under section 2D(4) or about SIAC’s review powers is to be found in the judgment. The judge did not (and did not need to) give a reasoned judgment on that point, which was not before him for decision.