Source: All England Reporter
Publisher Citation: [2003] All ER (D) 163 (Feb)
Neutral Citation: [2003] EWCA Civ 114
Court: Court of Appeal, Civil Division

Simon Brown, Buxton and Carnwath LJJ

Representation Stephanie Harrison (instructed by Winstanley Burgess) for the claimant.
  Andrew Hunter (instructed by the Treasury Solicitor) for the defendant.
Judgment Dates: 13 February 2003


Immigration - Asylum - Appeal - One-stop procedure - Scope of powers to certify asylum claim as manifestly ill-founded - Power of Secretary of State to withdraw certificate after confirmation by adjudicator - Immigration and Asylum Act, Sch 4, para 9(2).

The Case

On a plain reading of para9(2) of SchIV to the once an adjudicator had promulgated a decision agreeing with the opinion expressed in the certificate, the Secretary of State had no power to withdraw that certificate, and an appellant had no right of appeal to the Immigration Appeal Tribunal.

Practice Areas

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