Application for leave to appeal granted.
Held: This was a case where the relationship of the Tribunal to the Special Adjudicator can and should be considered. ‘I have indicated some of the difficulties which may arise. There is no doubt that the Tribunal have power to make findings of fact and to reverse findings of fact of a Special Adjudicator, but the manner in which they may do so and the type of case in which they may do so is much in issue.’
Citations:
[1997] EWCA Civ 1812
Jurisdiction:
England and Wales
Citing:
Cited – Assah 1994
The adjudicator had accepted at least a substantial part of the appellant’s evidence, whereas the IAT, without the benefit of hearing it, had concluded that none of the accounts which he had put forward in relation to past material events was true. . .
Cited – Regina v Governor of Pentonville Prison, Ex parte Fernandez: Fernandez v Government of Singapore HL 1971
Test for police protection need
The court considered the degree of risk to an individual which should give rise to a duty on the police to protect him under article 2.
Held: Lord Diplock said: ‘My Lords, bearing in mind the relative gravity of the consequences of the court’s . .
Cited – Regina v Home Secretary, ex parte Sivakumaran HL 16-Dec-1987
The House of Lords were concerned with the correct test to be applied in determining whether asylum seekers are entitled to the status of refugee. That in turn gave rise to an issue, turning upon the proper interpretation of Article 1.A(2) of the . .
See Also – Regina v The Immigration Appeal Tribunal and Another ex parte Rajendrakumar CA 11-Oct-1995
The three Tamil applicants had left the area of Sri Lanka controlled by the Tamil Tigers and gone to live in Colombo. It was asserted that in Colombo they had a well-founded fear of persecution because they were young male Tamils and were therefore . .
Lists of cited by and citing cases may be incomplete.
Immigration
Updated: 20 December 2022; Ref: scu.142208