Source: All England Reporter
Publisher Citation: [2002] All ER (D) 237 (Oct)
Court: Administrative Court

Ouseley J

Representation Roger Andre (instructed by D'Agibau Wilmot, Bournemouth) for the claimant.
  Michael Fordham (instructed by the Treasury Solicitor) for the Secretary of State.
Judgment Dates: 17 October 2002


Immigration - Asylum - Appeals - One-stop procedure - Dismissal without considering merits - Effect of oversight by asylum-seeker's solicitor - Power of adjudicators to remit to Secretary of State - Consideration of matters not in grounds of appeal - s 69 - Immigration and Asylum (Procedure) Rules 2000, rr 18(6), 32.

The Case

The Immigration Appeal Tribunal erred in refusing permission to appeal against the dismissal of an asylum seeker's appeal by a special adjudicator, in his absence, and without considering the merits, because an oversight by the asylum seeker's solicitors explained the asylum seeker's absence. The court also commented that an adjudicator had no power to remit a matter to the Secretary of State for fact-finding and that the European Convention on Human Rights might affect the application of r18(6) of the Immigration and Asylum (Procedure) Rules 2001.

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