Secretary of State for the Home Department v Davoodipanah [2004] EWCA Civ 106 (29 January 2004)

Secretary of State for the Home Department v Davoodipanah [2004] EWCA Civ 106 (29 January 2004)

The appeal should be allowed because the concession as to risk was made before the adjudicator; the Immigration Appeal Tribunal must consider whether to allow the Secretary of State to withdraw that concession, but cannot revisit the concession as to membership of a social group or the adjudicator's findings of fact.

Citation
[2004] EWCA Civ 106
Parties
Claimant/respondent: Secretary of State for the Home Department; Respondent/appellant: Akram Davoodipanah
Jurisdiction
England and Wales
Judgment Date
29 January 2004
Procedural Posture
Appeal / Court of Appeal (civil Division) Judgment
Outcome
Appeal allowed
Legal Topics
Asylum, Refugee Convention, European Convention on Human Rights, Concessions in Litigation, Withdrawal of Concessions
Immigration Human Rights Asylum Refugee Convention European Convention on Human Rights Concessions in Litigation Withdrawal of Concessions

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 2 Authorities cited 5 Party arguments 2
Sign in to unlock

Parties

Secretary of State for the Home Department

Claimant/respondent

Akram Davoodipanah

Respondent/appellant

Procedural Posture

Appeal / Court of Appeal (civil Division) Judgment

Legal Issues

  1. 1 Whether the Immigration Appeal Tribunal erred in revisiting risk assessment after a concession was made before the adjudicator
  2. 2 Whether there was sufficient basis in background material for the tribunal to reverse the adjudicator's evaluation of risk
  3. 3 Whether the Secretary of State can withdraw a concession as to risk

Ratio Decidendi

The appeal should be allowed because the concession as to risk was made before the adjudicator; the Immigration Appeal Tribunal must consider whether to allow the Secretary of State to withdraw that concession, but cannot revisit the concession as to membership of a social group or the adjudicator's findings of fact.

Court Disposition

Appeal allowed

Orders

  • Case remitted to the Immigration Appeal Tribunal to consider withdrawal of the risk concession
  • No application permitted to withdraw the concession as to membership of a social group or findings of fact