||All England Reporter
|| All ER (D) 253 (Jun)
||Court of Appeal, Civil Division
Sedley, Maurice Kay and Lawrence Collins LJJ
||21 June 2007
Immigration - Leave to enter - Asylum - Claimant alleging domestic violence by husband in Pakistan - Secretary of State refusing claim for asylum - Appeal being allowed on basis of positive credibility findings - Asylum and Immigration Tribunal conducting reconsideration - Secretary of State adducing evidence casting doubt on claimant's credibility - Claimant seeking adjournment to call witnesses to explain evidence - Whether Asylum and Immigration Tribunal erring in refusing adjournment.
Immigration Leave to enter. The Asylum and Immigration Tribunal (AIT) had been wrong to reject the claimant's application for an adjournment so that she could adduce evidence from her brother and his wife in support of her claim for asylum. The AIT had overlooked the fact that it had power to compel a witness to give evidence so that it was irrelevant whether it considered that her brother would not be willing to give such evidence.
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