Detention

Question 1

‘Barrier test’

Answer 1

an assessment as to whether the issues raised in the JR should be treated as a barrier to removal.

Question 2

‘Certified claim’

Answer 2

the effect of certifying a claim is that there will be only an out of country right of appeal or no right of appeal.

Question 3

‘Merits test’

Answer 3

an assessment as to whether a judicial review is bound to fail either before a decision is taken not to defer removal or before a decision is taken to
arrange removal following a removal request.

Question 4

‘Rule 39 indication’

Answer 4

A rule 39 indication is similar to an Administrative Court or UTIAC injunction but is made by the ECtHR and in this guidance translates to a request to defer removal.

Question 5

OSCU

Answer 5

Operational Support and Certification Unit

Question 6

The PAP procedure does not apply where…

Answer 6

Removal directions have been set, as it is not appropriate in very urgent cases

Question 7

‘Qualifying criteria’ where it is not necessary to defer removal

Answer 7

Less than 6m since previous JR or statutory appeal on same or similar issues, or same evidence, or issues could reasonably have been raise

Has already been an order refusing an injunction against removal in the JR, and no subsequent app for an injunction has been granted

Question 8

Removal will always be deferred in the following circumstances:

Answer 8

1) inunction against removal granted

2) first JR challenge to decision to certify claim

3) permission granted in the JR

4) first challenge raised to SCA/IECA decision on modern slavery claim

Question 9

Where there is a judicial review challenge and:
* one or more of the qualifying criteria are met
* there are no reasons why removal must be deferred
you should go on to consider

Answer 9

whether the JR is bound to fail on its merits and/or
whether any of the issues raised in the JR are a barrier to removal.

Question 10

Merits Test

You must consider whether the JR is bound to fail either before the decision is taken
not to defer removal or before a decision is taken to arrange removal following a
removal request. Examples of when a JR is bound to fail are:

Answer 10

• the grounds for JR are very weak, for example they do not make sense, are
  clearly standard grounds or are generic (they do not refer to the specific
  circumstances of the claimant, unless the claim is a ‘class issue’ namely
  multiple claimants raising the same legal point)
• the JR is obviously unarguable on the facts
• there is clear authority on the legal point in issue