UTIAC The parties are bound by unappealed findings of fact in an immigration judge’s decision. It is therefore not open to the respondent following a successful and unchallenged appeal by an appellant to make a further adverse decision on the same issue relying on the same evidence as before unless there is evidence of fraud or one of the exceptions identified in para 35 of the judgment of the Court of Appeal in Secretary of State v TB [2008] EWCA 997 applies.
Citations:
[2011] UKUT 312 (IAC), [2011] Imm AR 813
Links:
Jurisdiction:
England and Wales
Immigration
Updated: 19 September 2022; Ref: scu.444043