Source: All England Reporter
Publisher Citation: [2008] All ER (D) 207 (Jun)
Court: Court of Appeal, Civil Division

Pill, Hooper and Moses LJJ

Representation Philip Nathan (instructed by Sutovic & Hartigan) for the claimant.
  Philippa Whipple (instructed by the Treasury Solicitor) for the Secretary of State.
Judgment Dates: 17 June 2008


Immigration - Asylum and Immigration Tribunal - Reconsideration - Claimant being refused asylum by Secretary of State - Immigration judge dismissing appeal - Reconsideration ordered following second application and two sets of grounds of appeal - Senior immigration judge only having before him second grounds - Senior immigration judge upholding immigration judge's decision - Whether senior immigration judge erring.

The Case

Where the claimant, a Pakistani national, had been refused asylum and where at a reconsideration hearing, a senior immigration judge had been furnished with only one of two sets of grounds of appeal, it was the responsibility of the party relying on those grounds to ensure that the correct grounds were before him. Accordingly, the senior immigration judge had been entitled to uphold the findings of the immigration judge and conclude that it was safe for the claimant to relocate to Pakistan.

Practice Areas

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