Key Facts
- •QA, who previously worked with the UK government in Afghanistan, sought resettlement for 15 extended family members under the Afghan Relocations and Assistance Policy (ARAP).
- •His application was repeatedly rejected, leading to multiple judicial review applications.
- •The Secretary of State's handling of the application was marked by inconsistencies, redactions of panel member names, and the involvement of Christine Ferguson, a panel member who also provided a witness statement seemingly unaware of her involvement.
- •The fifth decision to refuse resettlement is challenged on grounds of procedural unfairness (apparent bias and predetermination) and failure to take relevant matters into account.
Legal Principles
A decision is unlawful if the decision-making process was unfair due to bias or an appearance of bias.
Porter v Magill [2001] UKHL 67
The test for apparent bias is whether a fair-minded and informed observer would conclude there was a real possibility the tribunal was biased.
Porter v Magill [2001] UKHL 67
A decision is also unlawful if the decision-maker has a closed mind and the outcome is predetermined.
R (T) v West Berkshire Council [2016] EWHC 1876 (Admin)
The test for predetermination is analogous to the Porter test for bias.
Miller v Health Service Commission for England [2018] EWCA Civ 144
Redaction of civil servant names from disclosed documents is generally impermissible.
R (IAB) v Secretary of State for the Home Department [2024] EWCA Civ 66
A decision-maker's prior involvement in a case does not automatically disqualify them from reconsidering it, but a reasonable perception of unfairness or damage to public confidence may.
HCA International Ltd v Competition and Markets Authority [2015] EWCA Civ 492
Outcomes
The fifth decision to refuse resettlement is quashed.
The court found procedural unfairness due to the appearance of predetermination, particularly concerning Ms Ferguson's involvement as both a panel member and witness, combined with secrecy surrounding panel member identities and misleading statements by the Secretary of State.