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.
Held: The Tribunal should reverse the findings of fact of a Special Adjudicator only if they are unsustainable or perverse, but ‘In appropriate circumstances and where a finding was unsustainable the Tribunal was entitled to reverse an adjudicator’s finding on primary facts.’ That did not apply in this case.
Citations:
[1994] Imm AR 519
Jurisdiction:
England and Wales
Cited by:
Cited – Regina v Secretary of State for Home Department ex parte Mpembele CA 20-Feb-1997
The Secretary of State sought leave to appeal reversal of his refusal to grant the applicant asylum. The applicant had fled Angola in several years before and claimed he would be in danger of political violence if returned. The secretary of state . .
Cited – Secretary of State for Home Department v Ravichandran CA 6-Jun-1997
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 . .
Lists of cited by and citing cases may be incomplete.
Immigration
Updated: 28 April 2022; Ref: scu.180979
