The court considered and gave guidance on the re-consideration of cases by the Asylum and Immigration Appeal Tribunal after the 2004 Act, particularly as to the scope where there had been a possible error in law, and as to the procedures adopted.
Held: In the absence of an error of law, a decision should be revisited only for new evidence or other material, or exceptional circumstances. As to the procedures, these must reflect the particular situation, but the overriding consideration was whether the reconsideration been conducted fairly.
Judges:
Latham LJ, Longmore LJ, Moore-Bick LJ
Citations:
[2006] EWCA Civ 1747, Times 10-Jan-2007, [2007] 2 All ER 483, [2008] 1 WLR 1246
Links:
Statutes:
Asylum and Immigration (Treatment of Claimants etc) Act 2004
Jurisdiction:
England and Wales
Cited by:
Cited – DM v Secretary of State for the Home Department SCS 30-Jan-2008
The applicant had applied for asylum saying that she was Zimbabwean and had fled after her husband, a member of the opposition had been arrested and she had been threatened with being ‘disappeared.’ The tribunal had rejected her claim as false, and . .
Lists of cited by and citing cases may be incomplete.
Immigration
Updated: 31 October 2022; Ref: scu.247483
