Singh, R (on the application of) v Secretary Of State For Home Department [2001] EWCA Civ 2054 (21 December, 2001)

Singh, R (on the application of) v Secretary Of State For Home Department [2001] EWCA Civ 2054 (21 December, 2001)

The application is dismissed because the alleged error regarding Dr Forrest's report was not raised before the Immigration Appeal Tribunal, does not constitute an 'obvious point' under Robinson, and does not justify judicial review of the Tribunal's refusal of permission to appeal. The assessment of evidence and credibility is within the special adjudicator's discretion, and the Tribunal cannot be faulted for not addressing a point never put to it.

Citation
[2001] EWCA Civ 2054
Parties
Claimant/applicant: Jasbir Singh; Defendant/respondent: Secretary of State for the Home Department
Jurisdiction
England and Wales
Procedural Posture
Judicial Review / Renewed Application for Permission to Apply for Judicial Review Before the Court of Appeal
Outcome
Application for permission to appeal refused
Legal Topics
Asylum, Judicial Review, Assessment of Evidence, Credibility, European Convention on Human Rights
Immigration Law Administrative Law Human Rights Law Asylum Judicial Review Assessment of Evidence Credibility European Convention on Human Rights

Case Brief

Summary, issues, holding and outcome

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Parties

Jasbir Singh

Claimant/applicant

Secretary of State for the Home Department

Defendant/respondent

Procedural Posture

Judicial Review / Renewed Application for Permission to Apply for Judicial Review Before the Court of Appeal

Legal Issues

  1. 1 Whether the Immigration Appeal Tribunal erred in refusing permission to appeal based on the handling of medical evidence (Dr Forrest's report) by the special adjudicator
  2. 2 Whether the failure to raise the handling of Dr Forrest's report before the Tribunal precludes judicial review
  3. 3 Whether the case falls within the 'obvious point' exception in R v Home Secretary ex p Robinson

Ratio Decidendi

The application is dismissed because the alleged error regarding Dr Forrest's report was not raised before the Immigration Appeal Tribunal, does not constitute an 'obvious point' under Robinson, and does not justify judicial review of the Tribunal's refusal of permission to appeal. The assessment of evidence and credibility is within the special adjudicator's discretion, and the Tribunal cannot be faulted for not addressing a point never put to it.

Court Disposition

Application for permission to appeal refused

Orders

  • Application for permission to appeal refused
  • Assessment of the applicant's community legal funding certificate