The application raised two issues: the Tribunal’s power to remit a case for rehearing by an adjudicator, and when an order made by a lone chairman of the Tribunal may be varied or set aside. The Tribunal only has the powers it is given. The two powers of remittal are not to be treated differently, … Continue reading Secretary of State for the Home Department v Immigration Appeal Tribunal: Admn 9 Apr 2001
There is no appeal from the decision of an adjudicator not to recommend that there existed sufficient compassionate grounds for granting exceptional leave to remain in the UK in the absence of any statutory grounds for such a recommendation. A failure to make a recommendation in this situation is not open to judicial review. Citations: … Continue reading Regina v Immigration Appeal Tribunal and Another, Ex Parte Khatib-Shahidi: CA 3 Aug 2000
The chairman of an immigration tribunal has no power to rescind his own decision, or that of another chairman. Similarly a full tribunal had no such power in respect of its own or another full tribunal’s decisions. The Rules contain no such explicit power whether for a chairman or the full tribunal. Citations: Times 03-Nov-1999 … Continue reading Akewushola v Secretary of State for the Home Department: CA 3 Nov 1999
The Court of Appeal has no jurisdiction to hear an appeal from the Immigration Appeal Tribunal after it has refused leave to appeal. Citations: Gazette 12-Apr-1995, Times 01-Mar-1995 Statutes: Immigration Appeals (Procedure) Rules 1984 (1984 No 2041) 14(1) Jurisdiction: England and Wales Immigration Updated: 28 April 2022; Ref: scu.80284
The claimants had each been detained without trial for more than two years, being held as suspected terrorists. They were free leave to return to their own countries, but they feared for their lives if returned. They complained that the evidence used to justify their detention was derived from practices involving torture by the US … Continue reading A, B, C, D, E, F, G, H, Mahmoud Abu Rideh Jamal Ajouaou v Secretary of State for the Home Department: CA 11 Aug 2004
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