Ground (2) – the adequacy of the reasons in the Respondent’s decision
Ground (2) – the adequacy of the reasons in the Respondent’s decision
The Applicant’s case
The Applicant says that the reasons given in the impugned decision were inadequate, because they focused on his not being an Afghan national; not having been directly employed or contracted by HM Government or UK Armed Forces; and not being “eligible within either of the two parameters noted above as the ACRS priorities.” (B/[259]). The decision had cited the priorities of “those who have assisted the UK efforts in Afghanistan and stood up for values such as democracy etc.” and “vulnerable people,” without explaining why the Applicant had not assisted the UK or was not vulnerable. The decision had made no reference to the principles set out in §23 of the ARIPS. The decision had not addressed the “principal controversial issues,” in the ‘Porter’ sense (South Buckinghamshire DC v Porter (No. 2) [2004] UKHL 33).
- Heading
- Decision
- The Respondent’s initial rejection of the Applicant for ACRS
- The Respondent’s decision under challenge
- The relevant passages of the ACRS and ARIPS
- The Applicant’s application for judicial review and the grant of permission
- Ground (1) - Interpretation of the ACRS and whether the Respondent misapplied it
- The Respondent’s case
- Legal principles - Interpretation of policy
- Conclusions on Ground (1)
- Ground (2) – the adequacy of the reasons in the Respondent’s decision
- The Respondent’s case
- Legal principles on sufficiency of decision-making reasons
- Conclusions on Ground (2) and the adequacy of the reasons in the decision
- Ground (3) – arguable perversity based on inconsistent decisions
- The Respondent’s case
- Legal principles on irrationality because of inconsistency of treatment and legitimate expectations
- Conclusions
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