Gurung, R (on the application of) v Immigration Appeal Tribunal [2004] EWCA Civ 810 (10 June 2004)

Gurung, R (on the application of) v Immigration Appeal Tribunal [2004] EWCA Civ 810 (10 June 2004)

The application was dismissed as totally without merit because the grounds did not address the credibility findings, the claim was out of time, and the application was unarguable with no real prospect of success.

Citation
[2004] EWCA Civ 810
Parties
Claimant/appellant: Rajendra Gurung; Defendant/respondent: Immigration Appeal Tribunal
Jurisdiction
England and Wales
Judgment Date
10 June 2004
Procedural Posture
Judicial Review Application / Permission to Appeal to Court of Appeal (civil Division)
Outcome
Application dismissed
Legal Topics
Asylum, Judicial Review, Permission to Appeal, Credibility Assessment
Immigration Law Administrative Law Asylum Judicial Review Permission to Appeal Credibility Assessment

Case Brief

Summary, issues, holding and outcome

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Parties

Rajendra Gurung

Claimant/appellant

Immigration Appeal Tribunal

Defendant/respondent

Procedural Posture

Judicial Review Application / Permission to Appeal to Court of Appeal (civil Division)

Legal Issues

  1. 1 Whether the refusal of permission to appeal by the Immigration Appeal Tribunal was lawful
  2. 2 Whether the grounds for judicial review were arguable
  3. 3 Whether the appellant's credibility was properly assessed

Ratio Decidendi

The application was dismissed as totally without merit because the grounds did not address the credibility findings, the claim was out of time, and the application was unarguable with no real prospect of success.

Court Disposition

Application dismissed

Orders

  • Application for permission to appeal dismissed