The court gave guidance on the powers available to the Asylum and Immigration Tribunal as constituted under the 2002 Act. The powers were broadly those of the former Immigration Appeal tribunal. The Tribunal had power to admit new evidence after a demonstrated error. There is only limited scope for challenging a First-tier Tribunal’s findings of fact on appeal to the Upper Tribunal on a point of law. A challenge is sustainable in only four types of case. These are where the tribunal has (i) made perverse or irrational material findings of fact; (ii) failed to take into account and/or resolve conflicts of fact or opinion on material matters; (iii) given weight to immaterial factors; or (iv) made a mistake as to a material fact, which could be established by objective and uncontentious evidence, and which results in unfairness.
Judges:
Brooke LJ, Chadwick LJ, Maurice Kay LJ
Citations:
[2005] EWCA Civ 982, Times 19-Aug-2005
Links:
Statutes:
Nationality, Immigration and Asylum Act 2002
Jurisdiction:
England and Wales
Immigration, Litigation Practice
Updated: 01 July 2022; Ref: scu.229027
