| Source: | All England Reporter |
| Publisher Citation: | [2008] All ER (D) 132 (Aug) |
| Neutral Citation: | [2008] EWCA Civ 853 |
| Court: | Court of Appeal, Civil Division |
| Judge: | Tuckey, Carnwath and Jacob LJJ |
| Representation | Mark O'Connor (instructed by Howe & Co) for the appellant. |
| Samantha Broadfoot (instructed by the Treasury Solicitor) for the Secretary of State. | |
| Judgment Dates: | 9 June 2008 |
Catchwords
Immigration - Appeal - Asylum and Immigration Tribunal - Appellant appealing against decision to deport him to Sierra Leone - Appellant relying upon difficulties in family relocating with him - Tribunal dismissing appeal - Whether tribunal erring.
The Case
Immigration Appeal. Where the appellant had challenged the decision to deport him to Sierra Leone, principally upon the grounds of the difficulties in relocating his wife and children with him, the court held that the Asylum and Immigration Tribunal (the AIT) had erred in dismissing his appeal on the basis that there were no insurmountable legal obstacle to the relocation of the family. That had not been the basis upon which the appellant had put his case. Accordingly, the matter was remitted to the AIT for reconsideration.
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