||All England Reporter
|| All ER (D) 59 (Oct)
|| EWCA Civ 1276
||Court of Appeal, Civil Division
Auld, Rix, and Hooper LJJ
||Declan O'Callaghan (instructed by Selva & Co) for the claimant.
||Nicola Greaney (instructed by the Treasury Solicitor) for the Secretary of State.
||5 October 2006
Immigration - Appeal - Asylum and Immigration Tribunal - Whether principles of res judicata or issue estoppel applicable to appeals before immigration tribunals.
It was at the very least doubtful whether the principles of res judicata or issue estoppel had any application, certainly in their full rigour, to appeals before immigration tribunals, any more than they did to successive claims for judicial review, while allowing for the possibility in appropriate circumstances of abuse of process as a means of preventing of a matter. The guidelines applicable to second appeals concerning the same claimant, raising the same or similar issues, were relevant to cases where the parties involved were not the same but there was a material overlap of evidence.
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