Seri, R (on the application of) v Secretary Of State For Home Department

Where a judicial-review application concerns a request that was refused without considering material subsequently placed before the court, and the decision-maker undertakes to consider that material promptly, the court may adjourn the proceedings to permit reconsideration. The administrative process should be allowed to address the material before the court decides whether the refusal is legally flawed.

The applicant sought temporary admission and permission to work while proceedings concerning her child remained unresolved. Her initial request had been refused on limited material. On appeal, she filed a further statement which the Secretary of State had not yet considered. The Secretary of State undertook to consider it and respond within seven days. The issue was whether the court should determine the challenge immediately or adjourn for that further consideration.

1. The application was adjourned sine die. There was no order for costs.
2. The further statement contained matters which the Secretary of State had not yet considered. As the Secretary of State undertook to consider the material and respond within seven days, it was appropriate to defer determination of any possible legal challenge.
3. If the response were favourable, the dispute would end. If adverse, the applicant could then consider whether the decision was legally flawed.
4. The court also observed that common sense favoured finding a means of maintaining the applicant, rather than incurring further litigation costs or potentially keeping her in detention if her funds ran out.

• Court of Appeal (Civil Division): The application was adjourned sine die to allow the Secretary of State to consider the further statement and respond within seven days. No order for costs was made.