Mohammed, R (on the application of) v Secretary of State for the Home Department

A judicial review claim may be dismissed where the claimant wholly fails to progress it, breaches case-management directions, fails to attend the hearing and cannot be contacted. The court may also make an appropriate costs order, protecting costs incurred while the claimant had legal aid from enforcement without permission, while summarily assessing later costs payable within a specified period.

The claimant, an Iranian national, sought judicial review of his detention under the Dublin III arrangements and of the defendant’s decision to remove him to Italy, where he alleged a real risk of treatment contrary to Article 3 of the European Convention on Human Rights.

Permission was granted on both grounds. After his release on bail, the claimant ceased contact with his solicitors, failed to comply with case-management directions, failed to report as required by his immigration bail and did not attend the hearing. The defendant applied for dismissal.

1. The defendant’s application was granted and the claim was dismissed. The claimant had taken no steps to progress the proceedings, failed to comply with the case-management order, failed to attend court and was an absconder. In those circumstances, dismissal was wholly proper.
2. The claimant’s substantive challenges were therefore not determined. The court did not decide whether his detention complied with regulation 604/2013 or whether removal to Italy would expose him to a real risk contrary to Article 3 of the European Convention on Human Rights.
3. Costs up to 16 March 2016, when the claimant’s solicitors ceased to act, were not to be enforced without leave of the court. Costs incurred thereafter were summarily assessed at £1,200, payable by the claimant to the defendant within 28 days.