Source: All England Reporter
Publisher Citation: [2007] All ER (D) 337 (Feb)
Court: Court of Appeal, Civil Division
Judge:

Laws, Scott Baker and Wilson LJJ

Representation Shashi Jaisri (instructed by Simmons, Borehamwood) for the claimant.
  Martin Chamberlain (instructed by the Treasury Solicitor) for the Secretary of State.
Judgment Dates: 26 February 2007

Catchwords

Immigration - Asylum and Immigration Tribunal - Reconsideration - Tribunal at first-stage hearing finding that material error of law in adjudicator's decision - Tribunal at second-stage hearing finding that no material error of law in adjudicator's decision - Secretary of State conceding that tribunal at second-stage hearing bound by determination at first-stage hearing - Whether material error of law in adjudicator's decision.

The Case

Where the Asylum and Immigration Tribunal had found that an adjudicator's decision had been flawed by a material error of law, and subsequently the tribunal at the second-stage reconsideration had found that the adjudicator had made no error of law, the claimant's appeal was dismissed. Even though the Secretary of State had conceded that the tribunal at the second-stage hearing had been bound by the determination at the first-stage hearing, there was no material error of law in the original decision of the adjudicator.

Practice Areas

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