Collins J considered the circumstances under which a party could withdraw a concession previously given. Collins J said: ‘It is in our judgment important to identify the precise nature of any so-called concession. If it is of fact . . the adjudicator should not go behind it. Accordingly, if facts are agreed, the adjudicator should accept whatever is agreed. Equally, if a concession is clearly made by a HOPO that an appellant is telling the truth either generally or on specific matters, the adjudicator may raise with the HOPO his doubts whether the concession as appropriate but, if it is maintained, he should accept it. But there is all the difference in the world between a concession and a failure to challenge. The former will bind the adjudicator, the latter will not. Furthermore, any concession can be withdrawn so that, for example, the case before the Tribunal can be presented in a different way to that before the adjudicator. It is open to a HOPO to withdraw a concession made before an adjudicator before the hearing is concluded, but the appellant must be given a proper opportunity to deal with the new case against him and unless there is good reason for the withdrawal such as the discovery of fresh material we doubt that the adjudicator should permit any adjournment which such withdrawal would be likely to necessitate . .
We can summarise the position as follows:- . .
(3) If the HOPO wishes to withdraw any concession made: in a refusal letter or explanatory statement, he must inform the appellant or his advisor as soon as possible and it will be for the adjudicator to decide if an application for an adjournment to enable the new case to be met is made, whether to grant it. If he does not, the concession will stand . .
(6) A concession can be withdrawn but, if a HOPO seeks to do this, the adjudicator must be satisfied that the appellant will not be prejudiced if the hearing continues and should only allow an adjournment if persuaded that there was good reason to have made and to withdraw the concession’
Judges:
Collins J
Citations:
Unreported, 18 May 2000
Jurisdiction:
England and Wales
Cited by:
Cited – NR (Jamaica) v Secretary of State for the Home Department CA 5-Aug-2009
The appellant had been convicted of supplying drugs, and ordered to be returned to Jamaica after her sentence. She had resisted saying that, as a lesbian, she would be persecuted if returned. The respondent conceded that the IAT had made an error of . .
Lists of cited by and citing cases may be incomplete.
Immigration, Litigation Practice
Updated: 07 May 2022; Ref: scu.372329