Certifying as “totally without merit”

Wasif v The Secretary of State for the Home Department [2016] EWCA Civ 82
; Hossain v Secretary of State for the Home Department CA TLR 4 April


When a judge refused permission to proceed with an application for judicial review on the papers and certified the application as “totally without merit” it was important that he should give reasons for the certification separately from his reasons for refusing permission. He should also ensure that all the arguments raised in the grounds for the application were properly addressed in the reasons for certification.