| Source: | All England Reporter |
| Publisher Citation: | [2002] All ER (D) 70 (Oct) |
| Court: | Administrative Court |
| Judge: | George Bartlett QC sitting as a deputy judge of the High Court |
| Representation | Richard Drabble QC (instructed by Irung & Co) for the claimant. |
| Michael Fordham (instructed by the Treasury Solicitor) for the defendant | |
| Judgment Dates: | 7 October 2002 |
Catchwords
Immigration - Asylum - Appeal - Secretary of State refusing claim for asylum - Claimant appealing - Special adjudicator making direction for Secretary of State to reconsider matter - Whether adjudicator having power to make such a direction - Immigration and Asylum Appeals (Procedure) Rules 2000, r 30.
The Case
It was settled law that an adjudicator had no power under the Immigration and Asylum Appeals (Procedure) Rules 2000 to make a direction that the Secretary of State to revise his decision. Rule 30 of the 2000 Rules only permitted procedural directions not ones aimed at correcting a substantive error committed by the Secretary of State.
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