||All England Reporter
|| All ER (D) 67 (Nov)
|| EWCA Civ 1440
||Court of Appeal, Civil Division
Pill and Moses LJJ
||Nick Stanage (instructed by Browell Smith & Co) for the claimant.
||Wendy Outhwaite (instructed by the Treasury Solicitors) for the Secretary of State.
||3 October 2006
Immigration - Appeal - Asylum and Immigration Tribunal - Appeal from adjudicator - Whether adjudicator making error of law entitling tribunal to interfere with decision - Whether tribunal having jurisdiction to entertain appeal.
The Asylum and Immigration Tribunal had the jurisdiction to consider an appeal by the Secretary of State against the adjudicator's decision that returning the claimant to Afghanistan would be a disproportionate interference with his right to respect for private life under art8 of the European Convention on Human Rights, since the grounds of appeal had put forward an arguable point of law. The tribunal had also correctly identified an error of law in the adjudicator's decision, in that the adjudicator had applied the wrong test in failing to keep in mind the exceptional nature of the art8 jurisdiction.
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