Source: All England Reporter
Publisher Citation: [2009] All ER (D) 43 (Aug)
Neutral Citation: [2009] EWCA Civ 856
Court: Court of Appeal, Civil Division

Mummery, Lloyd and Goldring LJJ

Representation S Chelvan (instructed by Wilson & Co) for the claimant.
  Carine Patry-Hoskins (instructed by the Treasury Solicitor) for the Secretary of State.
Judgment Dates: 5 August 2009


Immigration - Appeal - Deportation - Claimant arriving in United Kingdom from Jamaica - Claimant being convicted of conspiracy to supply heroin and crack cocaine - Secretary of State ordering claimant's deportation - Claimant alleging that she would be at risk on return as she was a lesbian - Asylum and Immigration tribunal (tribunal) dismissing claimant's appeal on reconsideration - Tribunal permitting Secretary of State to withdraw two concessions in relation to claimant's sexual identity - Claimant appealing on basis tribunal not having discretion to permit concessions to be withdrawn - Whether tribunal having discretion.

The Case

Immigration Appeal. Court of Appeal, Civil Division: On the established law, the court held that a tribunal might, in its discretion, permit a concession to be withdrawn if, in its view, there was good reason, in all the circumstances, for that course to be taken. Its discretion was wide, and its exercise would depend on the particular circumstances of the case before it.

Practice Areas

If you are a LexisLibrary subscriber you can read more about this case here.