An immigration adjudicator, after a hearing, had rejected the applicant’s asylum appeal, but accepted that he had left Iran because he had had an adulterous relationship;
Held: The Home Secretary was wrong to depart from the special adjudicator’s finding of fact without having good reason and where adjudicator had heard evidence in coming to his finding. The applicant’s subsequent application for special leave to remain could not be rejected by the Home Secretary on the ground that he did not accept that the applicant had had such a relationship.
Simon Brown LJ suggested that, unless ‘the adjudicator’s . . conclusion was . . demonstrably flawed’ or ‘fresh material has since become available’, the Home Secretary had to accept the adjudicator’s finding.
Judges:
Simon Brown LJ
Citations:
Times 03-Jan-1998, Gazette 10-Dec-1997, [1997] EWCA Civ 2704, [1998] INLR 124, [1998] Imm AR 84
Links:
Jurisdiction:
England and Wales
Citing:
Appeal from – Regina v Secretary of State for Home Department ex parte Danaei Admn 20-Mar-1997
A Home Secretary must have evidence before rejecting special adjudicator’s findings of fact. . .
Appeal from – Regina v Secretary of State for Home Department ex parte Danaei Admn 8-Nov-1996
. .
Cited by:
Cited – Mackaill and Another, Regina (on The Application of) v Independent Police Complaints Commission Admn 6-Oct-2014
The three claimants were police officers. They met a senior MP at Sutton Coldfield. They emerged from the meeting and were said to have made misleading statements as to the content of the meeting. The IPCC referred the matters back to local forces . .
Cited – Evans and Another, Regina (on The Application of) v Attorney General SC 26-Mar-2015
The Attorney General appealed against a decision for the release under the Act and Regulations of letters from HRH The Prince of Wales to various ministers and government departments.
Held: The appeal failed (Majority). The A-G had not been . .
Lists of cited by and citing cases may be incomplete.
Immigration
Updated: 10 November 2022; Ref: scu.143103