Tuesday Law Report: Court Could Decline to Entertain Judicial Review Application ; 11 January 2005 Regina (on the Application of M) V Immigration Appeal Tribunal and Another; Regina (on the Application of G) V Immigration Appeal Tribunal and Another ([2004] EWCA Civ 1731) Court of Appeal, Civil Division (Lord Phillips of Worth Matravers, Master of the Rolls, Lord Justice Sedley and Lord Justice Scott Baker) 16 December 2004

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ADEQUATE AND proportionate protection of an asylum seeker's rights was provided by the statutory regime in section 101 of the Nationality, Immigration and Asylum Act 2002, which included statutory review of a refusal of permission to appeal. It was, accordingly, a proper exercise of the court's discretion to decline to entertain an application for judicial review of issues which had been, or could have been, the subject of statutory review.

The Court of Appeal dismissed the claimants' appeals against the refusal of their applications for permission to seek judicial review.

M came from Zimbabwe, and G came from Iran. Each had his application for asylum refused by …