||All England Reporter
|| All ER (D) 58 (Dec)
|| EWCA Civ 1425
||Court of Appeal, Civil Division
Sir Nicholas Wall P, Rimer and Jackson LJJ
||Sarah Daley (instructed by Sriharans) for the claimant.
||Colin Thomann (instructed by the Treasury Solicitor) for the Secretary of State.
||9 November 2011
Immigration - Appeal - Asylum and immigration tribunal - Claimant making claim for asylum - First-tier Tribunal upholding claim - Secretary of State appealing - Judge in Upper Tribunal upholding appeal and giving directions for resumed hearing and further oral evidence - Claimant at resumed hearing applying to judge to recuse himself - Claimant submitting judge having firm views on issues due to be decided at resumed hearing - Judge refusing - Judge hearing further oral evidence and rejecting claimant's claim for asylum - Claimant appealing - .
Immigration Appeal. The Court of Appeal, Civil Division, in dismissing the claimant's appeal against the judge's decision to dismiss his claim for asylum, held that the judge, who had at an earlier hearing upheld the Secretary of State's appeal against the First-tier Tribunal's finding that the claimant had successfully made out his asylum claim, and had ordered a resumed hearing over which he presided, had not been obliged to recuse himself from the resumed hearing as the view he expressed in the first hearing had not been sufficient to indicate real or apparent bias.
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