Source: All England Reporter
Publisher Citation: [2003] All ER (D) 14 (May)
Court: Court of Appeal, Civil Division

Ward, Buxton and Rix LJJ

Representation J Onuagulucki (instructed by Ikie Solicitors) for the applicant.
  Philippa Whipple (instructed by the Treasury Solicitor) for the Secretary of State.
Judgment Dates: 1 May 2003


Immigration - Immigration Appeal Tribunal - Determination of appeal - Decision conflicting with concurrent decision of another appeal tribunal taking into account all available material - Correctness of decision.

The Case

Where the observations of the appeal tribunal in the instant case could not be reconciled with the broadly stated observations of another tribunal relating to the position of Maoist sympathisers generally in Nepal, the applicant's case would be remitted to the appeal tribunal for rehearing in the light of all the available material.

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