In each case the Immigration Appeal Tribunal had reversed the decision of the adjudicator on appeal.
Held: The IAT had in effect reheard and decided matters of fact afresh. This departed from the approach in Subesh, and was incorrect. The relation between the IAT and the adjudicator was akin to that between the Court of Appeal and a court of first instance.
Judges:
Lord Woolf LCJ, Clarke LJ, Rix LJ
Citations:
[2004] EWCA Civ 1640, Times 14-Dec-2004, [2005] Imm AR 84
Links:
Jurisdiction:
England and Wales
Citing:
Cited – Subesh, Suthan, Nagulananthan and Vanniyasingam v Secretary of State for the Home Department CA 17-Mar-2004
The Immigration Appeal Tribunal should not interfere with an adjudicator’s decision unless it concludes that it is not merely able but is required to adopt a different view.
Laws LJ discussed the caution required of an appellate court: ‘The . .
Lists of cited by and citing cases may be incomplete.
Immigration
Updated: 14 September 2022; Ref: scu.220109
