Source: All England Reporter
Publisher Citation: [2002] All ER (D) 25 (Mar)
Court: Administrative Court

Judge Wilkie

Representation Ian Lewis (instructed by Selva & Co) for the claimant.
  Michael Fordham (instructed by the Treasury Solicitor) for the Secretary of State.
Judgment Dates: 4 March 2002


Immigration - Appeal - Immigration Appeal Tribunal - Jurisdiction - Tribunal remitting case back to same special adjudicator from whom appeal lodged - Adjudicator becoming indisposed - Deputy chief adjudicator transferring case to different adjudicator - Whether deputy chief adjudicator acting without jurisdiction - Whether case should have been transferred back to tribunal for determination - Asylum Appeals (Procedure) Rules 1996, r 40(1)(a).

The Case

Where the Immigration Appeal Tribunal had remitted a case back to a special adjudicator, with directions, to reconsider a case, the tribunal was thereby functus officio and had no inherent power to review or rescind its own decisions. The case from that point became a proceeding before a special adjudicator, and therefore when circumstances envisaged by r40(1)(a) of the Asylum Appeals (Procedure) Rules 1996 arose, it was for the chief adjudicator to decide on the transfer of the case to another adjudicator.

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