Nyapokoto, R (on the application of) v Adjudicator [2002] EWCA Civ 1554 (17 October 2002)

Nyapokoto, R (on the application of) v Adjudicator [2002] EWCA Civ 1554 (17 October 2002)

The special adjudicator's findings of fact, including the rejection of the applicant's evidence and the conclusion that he was not at risk of persecution, were open to him on the evidence and not irrational. The new evidence did not compel a different conclusion. There was no real prospect of a successful appeal, so permission to appeal is refused.

Citation
[2002] EWCA Civ 1554
Parties
Claimant/applicant: Ignatius Walter Nyapokoto; Defendant/respondent: An Adjudicator
Jurisdiction
England and Wales
Judgment Date
17 October 2002
Procedural Posture
Judicial Review Application / Renewed Application for Permission to Appeal From Refusal of Permission to Apply for Judicial Review
Outcome
Application for permission to appeal refused
Legal Topics
Asylum, Judicial Review, Manifestly Fraudulent Certificate, Appeal Rights, Credibility Assessment
Immigration Law Administrative Law Asylum Judicial Review Manifestly Fraudulent Certificate Appeal Rights Credibility Assessment

Case Brief

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Parties

Ignatius Walter Nyapokoto

Claimant/applicant

An Adjudicator

Defendant/respondent

Procedural Posture

Judicial Review Application / Renewed Application for Permission to Appeal From Refusal of Permission to Apply for Judicial Review

Legal Issues

  1. 1 Whether the special adjudicator's decision to dismiss the asylum appeal and uphold the manifestly fraudulent certificate was irrational
  2. 2 Whether adequate reasons were given for rejecting the applicant's evidence
  3. 3 Whether new evidence or objective country evidence required a different outcome

Ratio Decidendi

The special adjudicator's findings of fact, including the rejection of the applicant's evidence and the conclusion that he was not at risk of persecution, were open to him on the evidence and not irrational. The new evidence did not compel a different conclusion. There was no real prospect of a successful appeal, so permission to appeal is refused.

Court Disposition

Application for permission to appeal refused

Orders

  • Permission to appeal refused
  • Detailed assessment of the claimant's Community Legal Services Funding