Source: All England Reporter
Publisher Citation: [2005] All ER (D) 263 (Nov)
Court: Court of Appeal, Civil Division

Sedley, Latham and Wall LJJ

Representation Stephen Vokes (instructed by Richards, Heynes & Coopers) for the claimant.
  Elisabeth Laing (instructed by the Treasury Solicitors) for the Secretary of State.
Judgment Dates: 21 November 2005


Immigration - Appeal - Immigration Appeal Tribunal - Appeal from adjudicator - Material error of law - Whether tribunal erring in allowing Secretary of State's appeal - European Convention on Human Rights, art 8.

The Case

In the circumstances, the Immigration Appeal Tribunal had erred in law in allowing the defendant Secretary of State's appeal from the adjudicator in that it had failed to identify the material error of law in the determination of the adjudicator before it had engaged itself in making findings of fact as to the claimant's claim under art8 of the European Convention on Human Rights.

If you are a LexisLibrary subscriber you can read more about this case here.