Source: All England Reporter
Publisher Citation: [2002] All ER (D) 192 (Oct)
Court: Administrative Court

McCombe J

Representation Erum Waheed (instructed by Moss Beachley Mullem & Coleman) for the claimant.
  Andrew Hunter (instructed by the Treasury Solicitor) for the Secretary of State.
Judgment Dates: 15 October 2002


Immigration - Asylum - Appeals - One-stop procedure - Scope of powers to certify asylum claim as manifestly ill-founded - Weight to be attached to special adjudicator's findings of fact.

The Case

Detailed consideration of the issues by a special adjudicator did not preclude an asylum-seeker's claim for asylum being certified as manifestly ill-founded. Furthermore, certification of claims in which an asylum-seeker's credibility was in issue was not limited to para9(6)(b) of Sch4 to the ; such claims could also be certified as manifestly ill-founded. The court also commented that it was impermissible to argue that less credence should be attached to findings of fact by a particular special adjudicator on the basis that the Immigration Appeal Tribunal departed more frequently from that adjudicator's findings of fact.

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