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England and Wales High Court (Administrative Court) Decisions
You are here: BAILII >> Databases >> England and Wales High Court (Administrative Court) Decisions >> Rathakrishnan, R (On the Application Of) v Secretary of State for the Home Department  EWHC 1406 (Admin) (15 April 2011)
Cite as:  EWHC 1406 (Admin)
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QUEEN'S BENCH DIVISION
THE ADMINISTRATIVE COURT
London WC2A 2LL
B e f o r e :
|THE QUEEN ON THE APPLICATION OF RATHAKRISHNAN||Claimant|
|SECRETARY OF STATE FOR THE HOME DEPARTMENT||Defendant|
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Mr Honey (instructed by the Treasury Solicitor) appeared on behalf of the Defendant
Crown Copyright ©
" ..... It is plain that generally speaking the answer would be an emphatic 'no' to the question of whether an applicant should be permitted to continue his application to a substantive hearing after the grant of permission in circumstances where the Secretary of State has agreed to the decision being quashed."
He said in a later paragraph that it did not necessarily follow that in every case the existing proceedings were bound to be an entirely inappropriate vehicle by which to challenge the fresh decision. But he added that it would be inappropriate -
" ..... in all save perhaps the rarest of cases where some point of general importance and wide application may fall for decision to proceed to a final substantive hearing whilst the decision-maker has undertaken to consider the matter afresh."
That qualification related to circumstances where, as the next paragraph went on to make clear, there was some particular reason why the possible future decision would continue to be challenged, for example, where it was inevitable that a particular point which was at issue in relation to the first matter was going to remain an issue to be resolved in relation to the second matter.