Pan v Minister of National Security (Trinidad and Tobago) [2024] UKPC 31

Rowan Pennington-Benton Instructed by Charles Russell Speechlys LLP (London) for the Respondant.

Case ID: JCPC 2022/0005

Jurisdiction: Court of Appeal of the Republic of Trinidad and Tobago

Case summary

Issue

1. Were the reasons given for a Deportation Order were sufficient?
2. Does the Appellant require permission from the court to bring a judicial review claim to determine the adequacy of the reasons given in the Deportation Order, or does he have an automatic right to do so?

Facts

The Appellant was sent a Deportation Order which the Appellant contends contained ‘reasons’ that did not fulfil the statutory requirement to give reasons in the law of Trinidad and Tobago and/or any common law duty to give reasons. The High Court refused permission to apply for judicial review and found that the reasons given were adequate. The Court of Appeal found there was no automatic right to apply for judicial review and permission of the court would be required. The Court of Appeal also agreed with the trial judge that the reasons given were adequate. The Court of Appeal granted permission to apply to the Judicial Committee of the Privy Council.

Parties

Appellant

Yonggao Pan

Respondent

Minister of National Security

Appeal

Justices

Lord Hodge, Lord Briggs, Lord Leggatt, Lord Burrows, Lady Simler

Hearing start date

5 June 2024

Hearing finish date

5 June 2024

Judgment details

Judgment date

15 October 2024

Neutral citation

[2024] UKPC 31

• Judgment (PDF)
• Judgment on The National Archives (HTML version)
• Judgment on BAILII (HTML version)