Mr Ockelton: ‘If (despite some material error of law) an issue or matter has been properly and satisfactorily dealt with in the first decision, there is no reason why further time should be spend on it in the reconsideration. Although the Tribunal reconsidering the appeal has all the grounds of appeal before it, it also has – indeed it has just been considering – the previous decision, and it must be at liberty to adopt those parts which it considers are sound. The principle perhaps goes further that that. Because the process is a reconsideration, we would incline to the view that in general the Tribunal should always adopt those parts of a previous decision which are not shown to be unsound.’
Judges:
Mr Ockelton
Citations:
[2006] UKAIT 00038
Links:
Jurisdiction:
England and Wales
Cited by:
Cited – Swash v Secretary of State for the Home Department CA 26-Jul-2006
The appellant challenged refusal of the grant of leave to remain in the UK. The court was asked as to the approach to be adopted by the AIT on reconsideration of an appeal when it has concluded that there was an error of law in the original . .
Appeal from – AH (Sudan) and Others v Secretary of State for the Home Department CA 4-Apr-2007
. .
At IAT – Secretary of State for the Home Department v AH (Sudan) and others HL 14-Nov-2007
The three respondents had fled persecution in Darfur. They sought asylum which was refused, and they now appealed. It was argued that whilst they had a well founded fear of persecution in Dhafur, that would not apply if they returned to Khartoum. . .
Lists of cited by and citing cases may be incomplete.
Immigration
Updated: 06 July 2022; Ref: scu.241621