Source: All England Reporter
Publisher Citation: [2005] All ER (D) 318 (Nov)
Court: Court of Appeal, Civil Division

Sir Anthony Clarke MR, Brooke and Buxton LJJ

Representation Christian Moll (instructed by Hackman) for the claimant.
  Steven Kovats (instructed by the Treasury Solicitor) for the Secretary of State.
Judgment Dates: 23 November 2005


Immigration - Asylum - Human rights - Right to respect for private and family life - Whether return of claimant to home country violation of human rights - , Sch 1, Pt 1, art 8. .

The Case

Although the Immigration Appeal Tribunal had had jurisdiction to hear the Secretary of State's appeal against the decision of an adjudicator to allow the claimant's claim to asylum on human rights grounds, the justice of the case, which was exceptional, demanded that the case should be remitted to the Asylum and Immigration Tribunal for determination by a fresh immigration judge.

Practice Areas

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