R (Alconbury Developments) v Secretary of State for the Environment, Transport and the Regions
[2003] 2 AC 295, at [143]:
“The formulation of policies is a perfectly proper course for the provision of guidance in the exercise of an administrative discretion. Indeed policies are an essential element in securing the coherent and consistent performance of administrative functions. There are advantages both to the public and the administrators in having such policies. Of course there are limits to be observed in the way policies are applied. Blanket decisions which leave no room for particular circumstances may be unreasonable.
- Introduction
- Abdul Aziz
- Statutory Framework
- The Secretary of State’s Decisions
- content
- The Secretary of State’s Decisions Analysed
- Permission to Appeal
- GROUND 1: THE SECTION 55 ISSUE
- Khan
- Mr Khan,
- Mr Rauf,
- Mr Aziz,
- The FtT’s Approach
- context
- legal
- only
- naturalisation
- JO and Others (Section 55 Duty) Nigeria
- MK (Section 55 – Tribunal Options) Sierra Leone
- Kaur (Section 55/Public Interest Interface)
- JO Nigeria
- twofold
- MK Sierra Leone
- possibility
- Kaur
- SS (Nigeria) v Secretary of State for the Home Department
- in the circumstances of this case
- in this decision-making context
- right
- duty
- Deliallisi
- Delliallisi
- nature
- GROUND 2: THE EU LAW ISSUE
- G1 v Secretary of State for the Home Department
- Pham
- AB (Nigeria v Secretary of State for the Home Department
- their fathers
- future
- R (G1)
- GROUND 3: THE POLICY ISSUE
- Paragraph 2.5:
- Paragraph 2.6:
- Paragraph 2.7:
- Paragraphs 2.20 – 2.21:
- might
- serious
- serious organized crime
- policy
- R (Alconbury Developments) v Secretary of State for the Environment, Transport and the Regions
- What is crucial is that the policy must not fetter the exercise of the discretion.
- R v Secretary of State for the Home Department, ex parte Ozminnos
- In Re McFarland
- GROUND 4: THE ARTICLE 8 ECHR ISSUE.
- GROUND 5: THE PART 5A NIAA 2002 ISSUE
- A Footnote
- OMNIBUS CONCLUSION
- Dated