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

On a renewed application for permission to appeal, permission should be refused where reconsideration of the papers discloses no reason to alter an earlier refusal and the proposed case is unarguable.

The applicant sought permission to appeal from Newman J’s decision in the Administrative Court on 5 March 2002. The judge had dismissed his application for permission to judicially review the Secretary of State’s refusal to grant remission against an 18-month sentence for false accounting. The applicant relied on commendable acts carried out in 1994 before release from an earlier sentence. The Court of Appeal considered the renewed application after refusing permission on the papers on 14 May 2002. The applicant was not represented.

Lord Justice Laws reconsidered the application on the papers. He found no reason to change the view previously reached on 14 May 2002. The proposed appeal was unarguable.

The court therefore refused permission to appeal. The order was: Permission to appeal refused.

• Court of Appeal (Civil Division): on renewed consideration, refused permission to appeal: [2002] EWCA Civ 1187.
• Administrative Court: Newman J dismissed the application for permission to judicially review the Secretary of State’s refusal to grant remission.