Source: All England Reporter
Publisher Citation: [2006] All ER (D) 31 (Jun)
Court: Court of Appeal, Civil Division
Judge:

Brooke, Arden and Wall LJJ
Representation Manjit Gill QC (instructed by Warnapala & Co) for the claimant.
  Jeremy Johnson (instructed by the Treasury Solicitor) for the Secretary of State.
Judgment Dates: 7 June 2006

Catchwords

Immigration - Leave to enter - Refusal of leave - Claimant not living alone outside United Kingdom in most exceptional compassionate circumstances and dependent on relative settled in UK - Adjudicator finding claimant living alone - Asylum Immigration Tribunal allowing Secretary of State's appeal - Whether tribunal correctly identifying error of law on part of adjudicator - Whether tribunal bound to conclude claimant not living alone - Immigration Rules, r 317.

The Case

In the circumstances, the Asylum and Immigration Tribunal had correctly identified an error of law on the part of an immigration adjudicator in that it was impossible to determine how the adjudicator had reached the conclusion, for the purposes of r317 of the Immigration Rules, that the claimant was living alone outside the UK in the most exceptional compassionate circumstances in the household that she had described to the entry clearance officer in Sri Lanka. Moreover, it was impossible to fault as a matter of law the tribunal's conclusion that the claimant was not living alone at the relevant time.

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