Source: All England Reporter
Publisher Citation: [2009] All ER (D) 217 (Jan)
Court: Court of Appeal, Civil Division

Ward, Scott Baker and Smith LJJ (judgment delivered extempore)

Representation Kathryn Cronin (instructed by Brion & Co) for the claimant.
  Jason Beer (instructed by the Treasury Solicitor) for the Secretary of State.
Judgment Dates: 27 January 2009


Immigration - Asylum and Immigration Tribunal - Appeal - Claimant escaping from employment with Brunei Royal family whilst in United Kingdom on visa - Secretary of State refusing asylum claim - Second immigration judge referring to concession and upholding Secretary of State's decision - Whether failure of second immigration judge to consider correct policy meaning decision unsustainable - Immigration Directorate Instructions 2002 - Overseas Domestic Workers Concession 1998.

The Case

Immigration Asylum and Immigration Tribunal. Court of Appeal, Civil Division: Where the Secretary of State had refused to grant the claimant, a citizen of Nepal, asylum, following which the Asylum and Immigration Tribunal (AIT) upheld that decision on reconsideration, although the AIT had referred to an out of date policy, it would have reached the same conclusion had it been referring to the up to date policy.

Practice Areas

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