MK (Burma) v Secretary of State for the Home Department [2007] EWCA Civ 187 (20 February 2007)

MK (Burma) v Secretary of State for the Home Department [2007] EWCA Civ 187 (20 February 2007)

The panel's conduct in questioning gave the appearance of prosecutorial bias, warranting remission to a differently constituted tribunal.

Citation
[2007] EWCA Civ 187
Parties
Claimant/appellant: MK (Burma); Defendant/respondent: Secretary of State for the Home Department
Jurisdiction
England and Wales
Judgment Date
20 February 2007
Procedural Posture
Appeal / Court of Appeal (civil Division)
Outcome
Appeal allowed
Legal Topics
Apparent Bias, Remission to Tribunal, Judicial Conduct
Immigration Law Apparent Bias Remission to Tribunal Judicial Conduct

Case Brief

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Parties

MK (Burma)

Claimant/appellant

Secretary of State for the Home Department

Defendant/respondent

Procedural Posture

Appeal / Court of Appeal (civil Division)

Legal Issues

  1. 1 Whether the Asylum and Immigration Tribunal exhibited apparent bias by the nature and number of questions asked by the panel

Ratio Decidendi

The panel's conduct in questioning gave the appearance of prosecutorial bias, warranting remission to a differently constituted tribunal.

Court Disposition

Appeal allowed

Orders

  • Matter remitted to a differently constituted Asylum and Immigration Tribunal