is unlawful and unreasonable and one which no reasonable
Secretary of State could have reached and the warrant is
therefore void."
As is frequently the most practical course, we heard the
application for leave to apply for judicial review on the basis
that if the court decided that leave should be granted, the
argument in support of the application for leave would also be
regarded as the argument for the substantive hearing. Having
heard part of the submissions advanced by Mr. Thomas QC, who
appeared on behalf of Mr. Osman, we were satisfied that Mr. Osman
had a case which justified his being granted leave and this was
announced during the course of the hearing.
Although it is possible to draw a distinction between an
application which is made by an asylum seeker and someone in Mr.
Osman's situation, I consider we should nonetheless adopt the
same approach to that which was laid down by the House of Lords
in Bugdaycay v. The Home Secretary [1987] 1 A.C. 514, by Lord
7