Source: All England Reporter
Publisher Citation: [2002] All ER (D) 200 (Mar)
Neutral Citation: [2002] EWCA Civ 315
Court: Court of Appeal, Civil Division

Schiemann, May and Jonathan Parker LJJ

Representation Frances Webber (instructed by Tuckers) for the applicant.
  Robin Tam (instructed by the Treasury Solicitor) for the Secretary of State.
Judgment Dates: 14 March 2002


Immigration - Appeal - Reasons for decision - Asylum - Secretary of State refusing claim for asylum - Special adjudicator dismissing appeal against refusal - Tribunal considering new material - Tribunal dismissing appeal - Whether tribunal's findings of fact justifiable in light of new material.

The Case

Where an immigration appeal tribunal had given an evaluation of the risk faced by the applicant were he to be returned to his home country on an erroneous basis, as it had failed to consider that clear threats made to the applicant's father extended to the applicant himself, the matter would be remitted to the tribunal for reconsideration.

Practice Areas

If you are a LexisLibrary subscriber you can read more about this case here.