In dismissing the claimant’s application for judicial review, Henry J held: ‘Secondly, it is said, and again correctly, that there is no mention in the adjudicator’s determination and reasons that the initiative for the first introduction of the husband to wife in this arranged marriage came from the wife’s family and not from the husband’s. There is no reference to these matters in the adjudicator’s decision. The first question is: can it be assumed from that that the adjudicator had not taken them into account? In my judgment, it clearly cannot because Mr Weiniger, who appeared then and who has appeared before me, makes it plain to me that they were matters that he relied on before the adjudicator as he relied on them before me. They were there before the adjudicator. They are plain points that would not be overlooked or misunderstood.
The fact they are not referred to is the next point that I deal with. Can it be said that the adjudicator has not given sufficient reasons for his decision? It seems to me that he has given ample reason of his finding and the reasons for it. The reasons for his finding, when finally analyzed, are, first, the lack of credibility so far as the applicant and the sponsor and her father are concerned allied with the economic incentive. In reaching that conclusion, he would have had regard to these points made and it cannot be assumed against him that he gave no regard to them.
When faced with that argument, Mr Weiniger for the applicant said that the vice of it lay in that as the adjudicator had not himself referred to them, so they might not have come to the attention of the Appeal Tribunal. But when one looks at the procedure rules, one sees that the Appeal Tribunal gets the full case papers.
The points were raised in the notice of appeal lodged with that Tribunal. Therefore, they would have had those points before them and would have been able to take them into account. In short, there is nothing here that shows that there is any error of law either relating to the decision of the adjudicator or relating to the decision of the Immigration Appeal Tribunal in refusing leave to appeal.’
Judges:
Henry J
Citations:
[1991] Imm AR 519
Jurisdiction:
England and Wales
Cited by:
Limited – OA163042012 AIT 23-Jul-2014
. .
Explained – IA307162014 AIT 5-Feb-2016
. .
Cited – AA069062014 and Others AIT 30-Aug-2017
Several appellants, all from the same judge, complained of his handling of their cases.
Held: The complaints about the decisions were entirely well-founded: ‘Nobody reading them could detect how the judge reached the conclusion he did, acting . .
Lists of cited by and citing cases may be incomplete.
Immigration
Updated: 09 May 2022; Ref: scu.595467
