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Costs available in Special Immigration Appeals Commission reviews

Published:

The Special Immigration Appeals Commission has today (23 February 2024) ruled that it has the power to award costs against the Secretary of State in reviews, including when the Secretary of State withdraws the relevant decision (this case having been a review of a refusal of naturalisation under s.2D of the Special Immigration Appeals Commission Act 1997). The recent case of C7 v SSHD [2023] EWCA Civ 265, which concerned appeals not reviews, is therefore distinguished. Normal judicial review principles on costs, including the principles set out in M v Croydon, apply.

Nick Armstrong KC acted for FGF, instructed by Daniel Carey of Deighton Pierce Glynn.

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