UTIAC The principle of res judicata does not operate in immigration appeals.
The guidelines set out in Devaseelan [2002] UKIAT 00702; [2003] Imm AR 1 are always to be applied to the determination of a factual issue, the dispute as to which has already been the subject of judicial determination in an appeal against an earlier immigration decision involving the same parties. This is so whether the finding in the earlier determination was in favour, or against, the Secretary of State.
Judges:
Storey, O’Connor UTJJ
Citations:
[2012] UKUT 398 (IAC)
Links:
Jurisdiction:
England and Wales
Immigration
Updated: 09 November 2022; Ref: scu.466459
