It is not clear, however, what process the Department will use to
consider applications for relief and how it will determine how much relief to provide to borrowers with valid defenses.
Also, as a discretionary matter, Immigration Judges can view juvenile activities as a negative factor when
considering any application for relief from deportation.
Not exact matches
8.1 Subject to any provisions in the LA's published and agreed guidance
for in - year school transfers and
for applications submitted
for years other that the normal year of entry, the academy will
consider all such
applications and, if the year group applied
for has a space available, admit the child unless one of the permitted
reliefs apply.
In Karkut & Ors, R (on the
application of) v London Borough of Lewisham [2005] EWHC 354 Collins J said, following Webb v Bristol City Council [2001] EWHC Admin Civ 696, that the better course was to
for a judge to
consider granting interim
relief before
considering the issue of permission.
«(1) On an
application for relief from any sanction imposed
for a failure to comply with any rule... the court will
consider all the circumstances including --(a) the interests of the administration of justice; (b) whether the
application for relief has been made promptly; (c) whether the failure to comply was intentional; (d) whether there is a good explanation
for the failure; (e) the extent to which the party in default has complied with other rules,...; (f) whether the failure to comply was caused by the party or the party's legal representative; (g) whether the hearing date... can still be met if
relief is granted; (h) the effect which the failure to comply had on each party; and (i) the effect which the granting of
relief would have on each party or a child whose interest the court
considers relevant.
The child submitted on appeal that the only factor to be
considered by the judge hearing an
application for a declaratory order was the child's age — and therefore, it was unnecessary to name the parents as parties or provide notice to them where the child was 16 or older because they could not contest the
relief in any event.
The ONCA also held that a court hearing an
application for such declaratory
relief must
consider not only the child's age but also the reasons why declaratory
relief is being sought, and whether the declaratory
relief would resolve the issue.