Procedural background
Procedural background
Permission to bring this claim was granted on the papers by Upper Tribunal Judge Lindsley by a decision dated 5 July 2023. The proceedings were stayed behind R (oao XY) v Secretary of State for the Home Department [2024] EWHC 81 (Admin), judgment in which was handed down on 23 January 2024.
On 13 March 2024, the applicant informed the Upper Tribunal that judgment in XY had been handed down. By a decision dated 1 July 2024, a lawyer of the Upper Tribunal acting under delegated powers granted the applicant permission to amend the grounds for review in light of XY, and directed that the substantive hearing would take place over the course of two days.
It was against that background that the substantive hearing took place before me on 4 February 2025. I directed that the matter would only take a day to hear, with the second day reserved for judgment writing. Mr Buttler KC and Mr Irwin confirmed at the hearing that they were content with that timing. Indeed, Mr Buttler did not avail himself of the opportunity that I emphasised was available to him to continue his submissions into the next day.
- Heading
- Upper Tribunal Judge Stephen Smith
- The issues
- Factual background
- Decision under challenge: the 12 December decision
- Procedural background
- Ground for review
- ECAT and domestic law
- The applicant’s submissions
- The Secretary of State’s submissions
- Issue (1): applicant’s stay not necessary to defend criminal proceedings
- Issue (2): no error on account of the referral of the applicant’s domestic servitude to the police
- Issue 3: no failure to apply anxious scrutiny and applicant’s stay not necessary on account of his mental health conditions
- Article 8 not engaged
- Conclusions
![[2025] UKUT 00092 (IAC)](https://backend.juristeca.com/files/emisores/logo_AioYBzS.png)