Gnanatheepan Subramaniam, R (on the application of) v Secretary of State for the Home Department
[2022] EWHC 3294 (Admin)
Uen Dodoveci, R (on the application of) v Secretary of State for the Home Department
13 March 2024
[2024] EWHC 540 (Admin)
High Court
A person challenged government decisions in court. The court had to decide where the case should be heard. Because the relevant events happened in the South East of England, the court decided to keep the case there, even though the person lives elsewhere now.
Key Facts
- •Judicial review claim filed in London on 8 December 2023.
- •Claimant initially resided in Middlesbrough (NE3) and instructed London-based solicitors.
- •A minded to transfer order (MTTO) was made to transfer the case to Leeds on 29 January 2024.
- •The Secretary of State for the Home Department did not oppose the transfer.
- •Claimant's submissions emphasized that decisions were issued from London, lawyers are in London, and Claimant wouldn't attend hearings.
- •The court requested clarification on the Claimant's current whereabouts and detention location.
- •Claimant's current residence is Birmingham (B13), and he was detained at Yarlswood Detention Centre (MK44) when decisions were made.
- •The impugned decisions relate to asylum claim refusal and removal directions (8 and 12 December 2023).
Legal Principles
Determining the appropriate venue for a judicial review claim.
Implicit in the court's decision-making process.
The claim should be heard in the region most closely connected to the case.
Implicit in the court's reasoning.
Outcomes
The court declined to transfer the case to Leeds or Birmingham; it will remain in London.
The court determined that the claim is most closely connected to the South-East region due to the Claimant's detention at Yarlswood (MK44) and the issuing of the impugned decisions in London, even though the claimant now resides in Birmingham. The claimant's lawyers being in London is also a relevant factor.
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