Conclusions
CONCLUSION
We dismiss the appeal. An application to remove an organisation from the list of proscribed organisations, coupled with a right of appeal to POAC if the application is refused, is not an available, nor in any event an adequate, alternative remedy to a claim for judicial review of the initial decision to add an organisation to the list of proscribed organisations.
Ms Ammori’s application for permission to appeal against the decision of the judge to refuse permission to apply for judicial review on grounds 1, 5, 6 and 7 was out of time as it should have been made within 7 days of the decision of the judge in accordance with CPR 52.8. We grant the necessary extension of time. We grant permission to apply for judicial review (instead of permission to appeal) in respect of ground 5, limited to the matters raised in [82] of the amended statement of facts and grounds, and ground 6. We refuse permission to appeal in relation to grounds 1 and 7 of the amended statement of facts and grounds.
- Heading
- The Lady Carr of Walton-on-the-Hill CJ handed down the following judgment of the court
- THE STATUTORY FRAMEWORK
- THE FACTUAL BACKGROUND
- The Decision to Proscribe Palestine Action
- The issuing of the claim for judicial review and an application for interim relief
- The refusal of interim relief
- The hearing of the application for permission to apply for judicial review
- The Judge’s Order
- The Secretary of State’s appellant’s notice
- Ms Ammori’s respondent’s notice
- THE ISSUES
- THE FIRST ISSUE – ADEQUATE ALTERNATIVE REMEDIES
- Discussion
- The Present Case
- THE SECOND ISSUE – THE TIME LIMITS FOR APPLYING FOR PERMISSION TO APPEAL
- Discussion
- THE THIRD AND FOURTH ISSUES – THE EXTENSION OF TIME AND PERMISSION
- Conclusions
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