3. Temporary exclusion orders: prior permission of the court
(1) This section applies if the Secretary of State -
(a) makes the relevant decisions in relation to an individual, and
(b) makes an application to the court for permission to impose a temporary exclusion order on the individual.
(2) The function of the court on the application is to determine whether the relevant decisions of the Secretary of State are obviously flawed.
(3) The court may consider the application -
(a) in the absence of the individual,
(b) without the individual having been notified of the application, and
(c) without the individual having been given an opportunity (if the individual was aware of the application) of making any representations to the court.
(4) But that does not limit the matters about which rules of court may be made.
(5) In determining the application, the court must apply the principles applicable on an application for judicial review.