The jurisdiction of the Immigration Appeal Tribunal in asylum cases is not limited to questions of law, but the IAT should exercise great caution before interfering in a finding of fact and particularly where that finding derived from his view of a witness: ‘Thus the jurisdiction of the Immigration Appeal Tribunal is not limited to questions of law, and it is within the scope of their jurisdiction for them to review, if they see fit to do so, the special adjudicator’s conclusions of fact, though no doubt this power will be sparingly exercised, and in any event, in accordance with general principles, the Immigration Appeal Tribunal will naturally be most reluctant to interfere with a finding of primary fact by the special adjudicator which is depended on his assessment of the reliability or credibility of a witness who has appeared before him’.
Judges:
Hirst LJ
Citations:
[1996] Imm AR 524
Jurisdiction:
England and Wales
Cited by:
Cited – Regina v Secretary of State for Home Department ex parte Mpembele CA 20-Feb-1997
The Secretary of State sought leave to appeal reversal of his refusal to grant the applicant asylum. The applicant had fled Angola in several years before and claimed he would be in danger of political violence if returned. The secretary of state . .
Lists of cited by and citing cases may be incomplete.
Immigration
Updated: 28 April 2022; Ref: scu.180978