13th February 2019
This is an application by Nadir Syed for permission to appeal the order of Lewis J sitting in the Administrative Court and dated 7 April 2017 by which the judge refused the Appellant’s application for substantive judicial review on grounds 1 (the absence of statutory power) and 4 (a reasons challenge) of the claim and an application by the Secretary of State for permission to appeal the order of Lewis J dated 7 April 2017 by which the judge allowed Nadir Syed’s claim for judicial review on Grounds 2 and 3 (procedural flaws, which were conceded by the Secretary of State below) and 5 (breach of Art. 8(1) ECHR) of the claim. Accordingly he quashed the decision of the Secretary of State dated 22 September 2016 to transfer the Claimant to the central managing challenge behaviour strategy unit (“MCBS”) at HMP Woodhill on procedural grounds, but gave no remedy for the breach of Art.8(1).
The claim for judicial review concerned the transfer decision. Nadir Syed contended that it was unlawful to transfer him and hold him in the MCBS Unit in the absence of statutory authority; and that this amounted to an error of law.