RJ (Gambia) v Secretary of State for the Home Department

LORD JUSTICE DAVIS: I feel myself at something of a disadvantage in this case because, without needing to go into the reasons, a number of materials have only been placed before me this morning and indeed the focus of the argument this morning has much more closely focused on the ruling that there was a material error of law on the part of the First-tier Tribunal.

What has to be focused on, as I see it, is whether or not there was a material error of law or arguably so in the decision of the First-tier Tribunal judge. I must say my reading of that ruling was one of some surprise. It seems to have treated this matter, which had to be dealt with outside the rules, as is conceded, as in effect an ordinary, if I may use that word, exercise in Article 8 proportionality, without any focus on the need there being some compelling reason or exceptional case whereby, outside the rules, this applicant should be permitted to remain.

Ms Naik this morning has focused, to a considerable extent, on MM (Lebanon) and certain other authorities (none of which unfortunately had been drawn to my attention before this morning) in her argument that the First-tier Tribunal had approached the matter in a way open to him and even if, although she did not concede this, the actual decision was an indulgent one it was one within a proper ambit of his discretion and evaluation.

The Secretary of State's written response to this renewed application and Ms Naik's written arguments is to be filed by and served by no later than 4.30 pm on Wednesday 6th January 2016. This matter is to come on for hearing by no later than Monday 8th February 2016 and, as I say, is reserved to myself if available but if not to some other single Lord Justice, with a time estimate of 45 minutes.