||All England Reporter
|| All ER (D) 36 (Oct)
||Court of Appeal, Civil Division
Mummery, Jacob and Neuberger LJJ
||Femi Omere (instructed by Paragon Law) for the claimant.
||Caroline Neenan (instructed by the Treasury Solicitor) for the Secretary of State.
||4 October 2006
Immigration - Leave to remain - Asylum - Adjudicator refusing appeal on basis of adverse credibility findings - Whether adjudicator failing to consider medical evidence - Whether material error of law.
Where the Asylum and Immigration Tribunal had found that the adjudicator had made an error of law in dismissing the claimant's appeal against the Secretary of State's refusal to grant him asylum and leave to remain, but that the error had not been material, the tribunal had been wrong to find an error of law, and so the question of its materiality did not arise. The adjudicator had been well aware that scars on the claimant's genitals were consistent with his evidence that he had been hung up by his wrists, and then by the ankles, and a rubber ligature had been applied to his penis, preventing him from urinating. He had, however, found that the late additions to the claimant's story, such as the application of the ligature to his penis, were indicative of the claimant's unreliability as a witness.
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