Publisher Citation: [2001] All ER (D) 181 (Feb)
Court: Administrative Court
Judge:

Elias J

Representation Shivani Jegerajah (instructed by MK Sri & Co) for A.
  Tim Eicke (instructed by the Treasury Solicitor) for the Secretary of State.
Judgment Dates: 15 February 2001

Catchwords

Immigration - Appeal - Reasons for decision - Applicant having scar in location suggestive of military training, combat or earlier torture - Evidence before special adjudicator that such scarring would place applicant at risk of persecution - Adjudicator concluding scar not putting applicant at risk of persecution - Whether adjudicator giving adequate reasons.

The Case

When assessing whether the reasons given by a special adjudicator were adequate, two questions should be asked: (i) did the alleged defects create any genuine as opposed to forensic doubt as to whether a significant issue in dispute had been properly addressed; and (ii) would the decision be the same, even if the reasons had been adequate.

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