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The issues
The issues
As formulated for us by the parties, the following issues arise for our decision:
Issue 1: Does SIAC have jurisdiction to award costs in cases where an applicant has applied, pursuant to section 2D of the Special Immigration Appeals Commission Act 1997 (“the SIAC Act” or “the Act”), to have a naturalisation decision set aside?
Issue 2: Further or alternatively, does SIAC have jurisdiction to award costs in cases where an applicant has applied, pursuant to section 2D, to have a naturalisation decision set aside, but that application is withdrawn?
- Heading
- Dame Victoria Sharp (President of the King's Bench Division) and Mrs Justice Farbey
- The issues
- Alternative remedy
- Appellate and review functions
- SIAC procedures
- Facts
- SIAC’s judgment and order
- Ignaoua
- C7: the judgment in SIAC
- C7: Court of Appeal
- Other case law
- Issue 1
- Purposive approach
- Historical context
- Access to justice
- Legislative policy
- Legal certainty
- Article 14 of the Convention
- The parties’ submissions
- Discussion
- Conclusions