Facts: Mr Wasif and Mr Hossain appealed against decisions refusing their applications for permission to apply for judicial review and certifying them as being totally without merit (‘TWM’), the effect of which was that they were not entitled to ask that their applications be reconsidered at an oral hearing.

Judgment: the Court of Appeal (Lord Dyson MR, Underhill and Floyd LJJ) held that permission to apply for judicial review was generally refused when the court considered that the claim was not ‘arguable’; a case that is TWM is something beyond ‘unarguable’ – it is a case that is truly bound to fail, such that the power of oral advocacy at a renewal hearing, and the opportunity for the claimant to address perceived weaknesses in his claim at such a hearing, would serve no useful purpose. Claimants refused permission to apply for judicial review, whose claim was certified as being TWM, could appeal the refusal of permission to apply for judicial review.