Precedent fact
57. We start our assessment of the precedent (or jurisdictional) fact issue with a trite proposition. Judicial review is essentially a supervisory jurisdiction, to be contrasted with an appeal process of reviewing the merits of a decision. The focus of judicial review is the decision-making process. Its concern is whether the decision maker was lawfully entitled to reach his or her decision based on the information made available at the time that the decision was made. 58. The situation is however different where a statutory provision contains a precedent fact. The precedent fact is akin to a trigger which, when activated, enables a particular power to be exercised. The lawfulness of the exercise of power is dependent on the existence of the precedent fact. By way of example, in
- Background
- Balajigari & Others v SSHD
- The applicant’s submissions
- Balajigari
- Shen (Paper appeals; proving dishonesty)
- Begum
- The lawfulness of the respondent’s approach to dishonesty
- AA Nigeria v SSHD
- Ahmed (general grounds of refusal - material non-disclosure) Pakistan
- Omenma (Conditional discharge – not a conviction for an offence)
- Agha, R (on the application of) v SSHD
- The applicant’s understanding of the meaning of ‘family’ in the relevant guidance
- The issue of materiality
- Procedural fairness
- The respondent’s submissions
- Giri
- LE (Jamaica)
- Ahsan
- Relevant legislative framework
- Precedent fact
- Ex p Khawaja
- R (A) v Croydon LBC
- SSHD v Lim & Anor (R, on the application of)
- Khawaja
- Wednesbury
- Associated Provincial Picture Houses LTD v Wednesbury Corporation
- Bank Mellat v HM Treasury (no 2)
- R (Lord Carlile of Berriew) v SSHD
- Caroopen & Myrie
- Whether the respondent’s assessment of dishonesty was lawful when considered under conventional public law grounds
- Agbabiaka (evidence from abroad; Nare guidance)
- Abbas, R (on the application of) v SSHD
- Family who live in the UK
- Whether the applicant’s sister’s presence in the UK was a material fact in relation to the application
- Whether the decision was procedurally fair
- R (Mushtaq) v ECO (ECO - procedural fairness)
- R (Anjum) v ECO (entrepreneur-fairness generally)
- Conclusion