Robert Havrila (AP) for Judicial Review [2019] CSOH 108
Obiter dictum on the Court of Session’s discretionary power to extend time bar and the impact of the “best interests of the child”
https://www.scotcourts.gov.uk/docs/default-source/cos-general-docs/pdf-docs-for-opinions/2019csoh108.pdf (Outer House, Court of Session, 20 December 2019)
Mr Havrila sought to raise judicial review proceedings against an immigration decision taken by the Upper Tribunal. The decision of the Upper Tribunal was never issued to Mr Havrila or his agents, and by the time a petition for judicial review was lodged Mr Havrila was outwith the 3-month time bar.
While not affecting the outcome of the permission hearing (permission was refused), obiter dictum in a Note of Reasons from Lady Wolffe appears to suggest that the best interests of the child is a relevant factor for the Court in exercising its discretionary power to allow an application for judicial review to proceed out of time.
Interestingly, the best interests consideration arose in relation to Mr Havrila’s children who, although not party to the Petition, would be indirectly impacted by the Upper Tribunal’s decision in respect to Mr Havrila.
Read the Note of Reasons from Lady Wolffe here.
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