Source: All England Reporter
Publisher Citation: [2003] All ER (D) 278 (May)
Court: Administrative Court
Judge:

Keith J

Representation James Collins (instructed by Sheikh & Co) for the claimant.
  Jenni Richards (instructed by the Treasury Solicitor) for the respondent.
Judgment Dates: 20 May 2003

Catchwords

Immigration - Asylum - Appeal - Immigration Appeal Tribunal - Procedure on application for permission to appeal - Claimant seeking to rely on report not before adjudicator - Tribunal refusing permission without referring to report - Validity of decision - s 77(3) - Immigration and Asylum Appeals (Procedure) Rules 2000, r 18(11).

The Case

Having regard to r18(11) of the Immigration and Asylum Appeals (Procedure) Rules 2000, s77 of the and Practice Direction 4 from the Immigration Appeal Tribunal, the Immigration Appeal Tribunal, when considering the question of permission to appeal from the decision of a special adjudicator, should have looked at a report, notwithstanding that it had only been produced after the impugned decision with no explanation for its late arrival proffered, to determine whether it was capable of undermining any of the adjudicator's conclusions.

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