Source: All England Reporter
Publisher Citation: [2006] All ER (D) 59 (Oct)
Neutral Citation: [2006] EWCA Civ 1276
Court: Court of Appeal, Civil Division

Auld, Rix, and Hooper LJJ

Representation Declan O'Callaghan (instructed by Selva & Co) for the claimant.
  Nicola Greaney (instructed by the Treasury Solicitor) for the Secretary of State.
Judgment Dates: 5 October 2006


Immigration - Appeal - Asylum and Immigration Tribunal - Whether principles of res judicata or issue estoppel applicable to appeals before immigration tribunals.

The Case

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.

Practice Areas

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