Mr Rowan Pennington-Benton, Counsel for the Respondent
IT IS ORDERED THAT:
1. The Applicant’s application for judicial review is granted.
2. The February Decision is quashed, such that the June Decision falls away and ceases to have any effect, and the Applicant’s application for LTR is remitted to the Respondent for consideration afresh.
3. The Respondent is to determine the Applicant’s application for LTR within 12 weeks of the date of this order, absent special circumstances which make it not reasonably practicable to determine it within that time frame, in which case she shall determine it as soon as reasonably practicable thereafter.
Permission to appeal
4. The decision hearing of today’s date is formally adjourned for the purpose of considering any application by the Respondent for permission to appeal, subject to the following directions:
a. If so advised, the Respondent is to file and serve any application for permission to appeal by 4:00pm on 6 September 2024.
b. Any submissions in response are to be filed and served by the Applicant within 14 days of service of the Respondent’s application for permission to appeal.
c. Unless it considers a hearing to be required, the tribunal will determine any such application on the papers.
d. Time for the filing of any appellant’s notice is extended until 14 days after the permission decision.
Costs
5. The Respondent is to pay the Applicant’s reasonable costs in this claim, to be summarily assessed by the tribunal if not agreed.
6. The Applicant is to file and serve his schedule of costs by 4:00pm on 6 September 2024, alternatively, by the same date, to notify the tribunal that the costs payable by the Respondent have been agreed.
7. The Respondent is to file and serve any submissions in response within 14 days of service of the Applicant’s schedule of costs, alternatively, by the same date, to notify the tribunal that, since service of the Applicant’s schedule of costs, the costs payable by the Respondent have been agreed.
8. Unless it considers a hearing to be required, the tribunal will summarily assess the costs payable by the Respondent to the Applicant on the papers.
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