Regina (on The Application of MW) v Secretary of State for The Home Department (Fast Track Appeal: Devaseelan Guidelines): UTIAC 16 Dec 2019

(1) The fact that an appeal was decided pursuant to the Asylum and Immigration Tribunal (Fast Track Procedure) Rules 2005 does not mean that the weight to be attached to the decision necessarily falls to be materially reduced, when applying the Guidelines in Devaseelan v Secretary of State for the Home Department [2002] UKAIT 702.
(2) Under those Guidelines, the first judicial decision is ‘the starting point’ for the subsequent judicial fact-finder. The ‘starting point’ principle is not a legal straitjacket. It permits subsequent judicial fact-finders to depart from the earlier judicial decision on a principled and properly-reasoned basis.

Citations:

[2019] UKUT 411 (IAC)

Links:

Bailii

Jurisdiction:

England and Wales

Immigration

Updated: 24 November 2022; Ref: scu.650806