R (otao Karagul and others) v SSHD

27/11/2019

Citation

[2019] EWHC 3208 (Admin)

Although this case arises in the context of ECAA Turkish Ankara Agreement applications, following on from the Court of Appeal decision in Balajigari, the Administrative Court confirmed that as a general principle, where a public authority refuses an application for some, right, benefit or status on the basis that the applicant has been dishonest or acted in bad faith, common law fairness requires procedural safeguards.  Either an interview or a written “mind to refuse” process should be followed before a final decision is taken.