The applicant, and asylum seeker, had given his evidence. Though no challenge had been made, and no sufficient reasons given, it was not accepted by the adjudicator.
Held: The burden lay on the asylum seeker to establish his case. A failure to put to a party to litigation a point which is decided against him can be grossly unfair and lead to injustice, but the requirements of fairness are very much conditioned by the facts of each case. There were discrepancies in the applicant’s account, but it did not follow that his account was not to be believed. Nevertheless, the decision was one within the range of possible decisions on the evidence. No error of law had been shown, and the adjudicator’s evidence was re-instated.
Judges:
Lord Justice Schiemann, Lord Justice Chadwick, And, Sir Murray Stuart-Smith
Citations:
[2002] EWCA Civ 173
Links:
Jurisdiction:
England and Wales
Citing:
Cited – Regina v Immigration Appeal Tribunal ex parte Gunn Admn 22-Jan-1998
. .
Lists of cited by and citing cases may be incomplete.
Immigration
Updated: 03 July 2022; Ref: scu.167612