The Secretary of State for the Home Department brought a judicial review claim against the Special Immigration Appeals Commission (SIAC) in relation to an order for costs made in favour of FGF, following the withdrawal of a decision to refuse to naturalise him as a British citizen during review proceedings pursuant to section 2D of the Special Immigration Appeals Commission Act 1997.

The President of the King’s Bench Division and Mrs Justice Farbey allowed the judicial review in a judgment handed down on 31 July 2025, concluding that SIAC had no jurisdiction to award FGF his costs.  Unless and until the Lord Chancellor exercises rule-making powers under section 5, SIAC has no power to make a costs order.  The conclusions apply equally to reviews under s.2C-F of the Act because they are materially the same as s.2D.

The judgment is available here.

Emma Daykin appeared for the second (H7) and third (H15) interested parties, led by Nick Armstrong KC, Matrix and instructed by Dan Carey and Cat Dowle, DPG.