The Secretary of State for the Home Department, R (on the application of) v Special Immigration Appeals Commission

Facts

FGF applied for naturalisation as a British citizen in January 2020. The Home Secretary refused his application in February 2022 on good character grounds under section 6(1) of the British Nationality Act 1981, certifying that her decision relied on information that should not be made public. That certification meant FGF could only challenge the refusal by way of a review in the Special Immigration Appeals Commission (SIAC) under section 2D of the Special Immigration Appeals Commission Act 1997. FGF applied for review; the Home Secretary withdrew her decision to reconsider his evidence, the review was treated as withdrawn under rule 11A of the Special Immigration Appeals Commission Procedure Rules 2003, and she later remade the refusal, which SIAC ultimately quashed on review. Separately, FGF applied for the costs of the first, withdrawn review. SIAC (Jay J, UTJ O'Callaghan and Mr Golland) held that it had jurisdiction to award costs and awarded them to FGF. The Home Secretary brought judicial review proceedings against SIAC to quash that costs decision; FGF took no part for lack of funding, but H7 and H15, applicants with their own stayed SIAC costs applications, were permitted to make submissions and were later joined as interested parties. The Divisional Court (Dame Victoria Sharp P and Farbey J) quashed SIAC's decision, holding that SIAC has no power to award costs in review proceedings. H7 and H15 appealed to the Court of Appeal.