Verde v Secretary of State for the Home Department [2004] EWCA Civ 1726 (06 December 2004)

Verde v Secretary of State for the Home Department [2004] EWCA Civ 1726 (06 December 2004)

The existence of objectively verifiable allegations from Portuguese authorities, unknown to the Immigration Appeal Tribunal at the time of its decision, constitutes fresh evidence that may have materially affected the outcome. Fairness requires remittal to the tribunal for reconsideration in light of the new material, regardless of the delay in bringing the appeal.

Citation
[2004] EWCA Civ 1726
Parties
Claimant/respondent: Antonio Cabo Verde; Defendant/appellant: Secretary of State for the Home Department
Jurisdiction
England and Wales
Judgment Date
06 December 2004
Procedural Posture
Appeal / Court of Appeal Judgment on Appeal From Immigration Appeal Tribunal
Outcome
Appeal allowed
Legal Topics
Asylum, Article 3 ECHR, Extradition, Fresh Evidence, Mistake of Fact, Jurisdiction, Delay
Immigration Law Human Rights Law Asylum Article 3 ECHR Extradition Fresh Evidence Mistake of Fact Jurisdiction +1 more

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Parties

Antonio Cabo Verde

Claimant/respondent

Secretary of State for the Home Department

Defendant/appellant

Procedural Posture

Appeal / Court of Appeal Judgment on Appeal From Immigration Appeal Tribunal

Legal Issues

  1. 1 Whether fresh evidence from Portuguese authorities warrants remittal to the Immigration Appeal Tribunal
  2. 2 Whether delay in bringing the appeal should bar reconsideration
  3. 3 Whether the Immigration Appeal Tribunal's original decision was based on a material mistake of fact

Ratio Decidendi

The existence of objectively verifiable allegations from Portuguese authorities, unknown to the Immigration Appeal Tribunal at the time of its decision, constitutes fresh evidence that may have materially affected the outcome. Fairness requires remittal to the tribunal for reconsideration in light of the new material, regardless of the delay in bringing the appeal.

Court Disposition

Appeal allowed

Orders

  • Appellant's human rights application remitted to the Immigration Appeal Tribunal to be reconsidered de novo in light of the new evidence
  • Detailed assessment of respondent's public funding certificate