B.Z.A. v The Secretary Of State For The Home Department

[1] This application for judicial review concerns a challenge to a notice of an immigration decision issued by the Secretary of State for the Home Department (hereinafter referred to as "the respondent") on 23 November 2008 (hereinafter referred to as "the notice"). The notice was made under the provisions of section 10 of the Immigration and Asylum Act 1999 (hereinafter referred to as "the 1999 Act").

[2] The detailed history of events prior to the issuing of the notice is not material, however, the salient points for present purposes are these:

The grounds of challenge [3] In short, the petitioner challenged the notice on the following grounds:

(i) That the petitioner has a right of appeal to the Asylum and Immigration Tribunal against the notice and that he may bring the appeal whilst he is in the United Kingdom . The issue in the case was not whether the petitioner had a right of appeal, rather it was whether the petitioner had what was described at all hands as an in country right of appeal which thus suspended the process to remove him or whether his right of appeal could only be exercised out of country after he had been removed from the United Kingdom as set forth in the notice and

(ii) Assuming that the petitioner has no right to such an in country right of appeal, he asserts that the respondent was obliged to give reasons for proceeding under section 10 of the 1999 Act rather than section 82(1)(d) or (e) of The Nationality Immigration and Asylum Act 2002 (hereinafter referred to as "the 2002 Act") and had failed to do so.