||All England Reporter
|| All ER (D) 26 (Mar)
|| EWHC 295 (Admin)
||Femi Omere (instructed by the Refugee Legal Centre) for the claimant.
||Nicola Greaney (instructed by the Treasury Solicitor) for the Secretary of State.
||16 February 2005
Asylum - Appeal - Evidence - Admission of fresh evidence to challenge decision of adjudicator - , Immigration and Asylum Act 2002, s 101.
The court, adopting the test set out by the Immigration Appeal Tribunal for the admission of further evidence on an appeal to the tribunal, found that the tribunal in the instant case had erred in admitting such evidence. There could be no error of law in an adjudicator failing to secure access to material that might be relevant to the decision before him. Furthermore, the fact that the Secretary of State was often not represented at hearings before adjudicators was not a reason for amending the application of the normal principles for the admission of further evidence on appeal.
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