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Section 31 (2A), (3C) and (3D) of the Senior Courts Act 1981
Section 31(2A), (3C) and (3D) of the Senior Courts Act 1981
I have considered whether I can conclude that it is highly likely that the outcome for the claimants would not have been substantially different if the decision had not been flawed in the respects I have identified. In my judgment, it is impossible to reach that conclusion. It is possible—though far from certain—that, had these errors not been made, the outcome would have been positive.
- Heading
- Introduction
- Facts
- Application for entry clearance and appeal proceedings
- The process for leaving Gaza and the Foreign Secretary’s consular assistance policy
- What BSJ and the claimants have done for themselves
- The requests for consular assistance
- The present proceedings and the fresh decisions
- Information provided at the hearing
- The joint statement on the Occupied Palestinian Territories
- Justiciability
- The grounds of challenge
- Ground 2
- Submissions for the Foreign Secretary
- Discussion
- Ground 1
- Submissions for the defendant
- Discussion
- Section 31 (2A), (3C) and (3D) of the Senior Courts Act 1981
- Conclusions