The applicant sought judicial review of a decision of the chief adjudicator refusing an appeal from a decision of the special adjudicator rejecting his asylum claim. His evidence had been rejected as inconsistent, but he claimed that this was due to an incompetent interpreter. The chief adjudicator had held that the competence of the interpreter was a matter of substance not a procedural error. The court granted the review. The competence of the interpreter was a matter of procedure, and was admissible under rule 16. Remitted to the chief adjudicator for reconsideration.
Gazette 11-Oct-2001, Times 12-Nov-2001, Gazette 15-Nov-2001
England and Wales
Cited – Swash v Secretary of State for the Home Department CA 26-Jul-2006
The appellant challenged refusal of the grant of leave to remain in the UK. The court was asked as to the approach to be adopted by the AIT on reconsideration of an appeal when it has concluded that there was an error of law in the original . .
Lists of cited by and citing cases may be incomplete.
Updated: 27 June 2022; Ref: scu.166537