The asylum applicant renewed his application for leave to challenge the finding that there was no sufficiently substantial risk to his life if he was returned to Iran, and to introduce new evidence. His account had been rejected as unreliable, but he then obtained medical evidence which tended to support his claims as to his treatment. Medical evidence
Held: An applicant wishing to introduce new evidence should make an application to the tribunal whose decision he wished to challenge, to admit the evidence as soon as possible. The Appeal Tribunal should take the receipt of the notice of appeal as an indication of the need to look at its own decision. However ‘It is really beyond argument that if someone in the position of this asylum seeker is going to make use of the procedures which are available to him his case must be presented in full – and, so far as possible, at the very first opportunity.’ In this case it was not new evidence which could not have been obtained for the firsthearing: ‘although valid criticisms can be made of the way in which the adjudicator in the present case approached her task, the Immigration Appeal Tribunal was entitled to deal with the grounds of appeal as it did and because it has done so there is no reason to grant permission to appeal to this court.’
Judges:
Kennedy, Sedley, Neuberger LJJ
Citations:
[2004] EWCA Civ 1235, Times 19-Oct-2004
Links:
Jurisdiction:
England and Wales
Citing:
Cited – E v Secretary of State for the Home Department etc CA 2-Feb-2004
The court was asked as to the extent of the power of the IAT and Court of Appeal to reconsider a decision which it later appeared was based upon an error of fact, and the extent to which new evidence to demonstrate such an error could be admitted. . .
Lists of cited by and citing cases may be incomplete.
Immigration
Updated: 21 June 2022; Ref: scu.215985