Jeyapragash, R (on the application of) v Immigration Appeal Tribunal

Jeyapragash, R (on the application of) v Immigration Appeal Tribunal

By consent, the IAT decision is quashed and the appeal remitted for reconsideration by a differently constituted tribunal due to procedural irregularity and failure to make explicit findings of fact regarding the appellant's alleged torture.

Parties
Claimant/applicant: Jeganathan Jeyapragash; Defendant/respondent: Immigration Appeal Tribunal
Jurisdiction
England and Wales
Judgment Date
21 September 2004
Procedural Posture
Judicial Review/appeal / Appeal From High Court to Court of Appeal
Outcome
Decision of IAT quashed by consent; appeal remitted; no order as to costs except assessment of appellant's costs under Legal Services Costs Regulations.
Legal Topics
Appeal Procedure, Practice Direction Compliance, Costs Orders
Immigration Law Civil Procedure Appeal Procedure Practice Direction Compliance Costs Orders

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2
Sign in to unlock

Parties

Jeganathan Jeyapragash

Claimant/applicant

Immigration Appeal Tribunal

Defendant/respondent

Procedural Posture

Judicial Review/appeal / Appeal From High Court to Court of Appeal

Legal Issues

  1. 1 Whether the Immigration Appeal Tribunal erred by failing to make explicit findings of fact regarding the nature of torture suffered by the appellant before determining risk on return
  2. 2 Compliance with new Practice Direction for Court of Appeal proceedings

Ratio Decidendi

By consent, the IAT decision is quashed and the appeal remitted for reconsideration by a differently constituted tribunal due to procedural irregularity and failure to make explicit findings of fact regarding the appellant's alleged torture.

Court Disposition

Decision of IAT quashed by consent; appeal remitted; no order as to costs except assessment of appellant's costs under Legal Services Costs Regulations.

Orders

  • Decision of IAT quashed
  • Appeal remitted for consideration by a differently constituted tribunal