Publisher Citation: [2003] All ER (D) 77 (Jun)
Court: Administrative Court
Judge:

Elias J
Representation William McGivern (instructed by Siva & Co) for the claimant.
  Kate Gallafent (instructed by the Treasury Solicitor) for the Secretary of State.
Judgment Dates: 6 June 2003

Catchwords

Immigration - Asylum - Appeal - Refusal of appeal - Concession by Secretary of State - Scope of concession made.

The Case

In all the circumstances, the Home Office presenting officer had made no general concession as to the claimant's credibility before the special adjudicator hearing the claimant's appeal against the Secretary of State's refusal of his application for asylum. Accordingly, notwithstanding that the Immigration Appeal Tribunal had refused permission to appeal on the erroneous bases that there had been such a concession and that the adjudicator was not bound by that concession, the application for judicial review would be dismissed.

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