Dede v Secretary of State for the Home Department [2005] EWCA Civ 1515 (08 November 2005)

Dede v Secretary of State for the Home Department [2005] EWCA Civ 1515 (08 November 2005)

There is an arguable error of law in the Adjudicator's assessment regarding the status of HADEP and failure to consider all relevant risk factors, which the Tribunal did not address, warranting permission to appeal.

Citation
[2005] EWCA Civ 1515
Parties
Applicant/appellant: Merdan Dede; Defendant/respondent: Secretary of State for the Home Department
Jurisdiction
England and Wales
Judgment Date
08 November 2005
Procedural Posture
Appeal From Immigration Appeal Tribunal / Application for Permission to Appeal
Outcome
Permission to appeal granted
Legal Topics
Asylum, Persecution, Internal Flight Alternative, Country Guidance, Error of Law
Immigration Law Human Rights Law Asylum Persecution Internal Flight Alternative Country Guidance Error of Law

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Parties

Merdan Dede

Applicant/appellant

Secretary of State for the Home Department

Defendant/respondent

Procedural Posture

Appeal From Immigration Appeal Tribunal / Application for Permission to Appeal

Legal Issues

  1. 1 Whether the Adjudicator erred in law by mischaracterising the status of HADEP and failing to consider relevant risk factors from the country guidance case
  2. 2 Whether the Immigration Appeal Tribunal failed to address the Adjudicator's error and reassess the case in light of the true circumstances

Ratio Decidendi

There is an arguable error of law in the Adjudicator's assessment regarding the status of HADEP and failure to consider all relevant risk factors, which the Tribunal did not address, warranting permission to appeal.

Court Disposition

Permission to appeal granted

Orders

  • Permission to appeal to the Immigration Appeal Tribunal is granted
  • Costs to be assessed