xs
This website uses cookies to ensure you get the best experience on our website. Learn more
Law Cases
Administrative Law Cases
Fair procedures Cases

R v Home Secretary, ex parte Al Fayed [1998] 1 WLR 763

Country:
United Kingdom
By Oxbridge Law Team
Lord Woolf MR

  • This was a case where the home sec refused naturalisation of Defendant. Under s.44 of the British Nationality Act the Home Secretary was not obliged to give reasons for his decision.

  • CA held that since the Home Secretary had not told Defendant of matters weighing against him and therefore gave him no chance to refute them and that s.44 did not relieve the Home Secretary of his public law duty to act fairly i.e. natural justice, judicial review would be allowed. 

Lord Woolf MR

As the minister has a discretion to give the applicant notice of an area of concern, that discretion must itself be exercised reasonably. If not to give notice would result in unfairness then the discretion can only reasonably be exercised by giving notice.

Any comments or edits about this case?
Get in touch

Similar cases

R v Civil Service Appeal Board, ex parte Cunningham
Plaintiff was dismissed from his job as a PE teacher at a detention centre. He was dismissed under legislation that stated that those who provide “police services” are not entitled to go to industria...
R v Home Secretary, ex parte Doody
There is no general duty on the Home Secretary to elect a minimum prison term that the judiciary have recommended to him, but that if he is to depart from that then he has to give reasons why. Also,...
R (Anufrijeva) v Secretary of State for the Home Department
Plaintiff was given limited entry to the UK with benefits while her asylum claim was being determined by the home secretary. He rejected her claim and notified the benefits agency who discontinued pa...
Re Findlay
Under statute the home secretary had the power to release on licence prisoners whom the parol board recommended to him. In the classes of drug-traffickers and violent offenders sentenced to more than...
McInnes v Onslow-Fane
The Plaintiff had been granted a boxing manager's licence for several years. He appealed its refusal now, since he had not been given a hearing or been given reasons for its refusal. Held: That since...

Related free notes samples

Procedural Fairness Reasons And ...
Administrative Law notes fully updated for recent exams at Oxford and Cambridge. These notes cover al

logo

Ambitious and intelligent students
choose Oxbridge Notes.

©2024 Oxbridge Notes. All right reserved.