RQ (Jordan)), R (on the application of) v Secretary of State for the Home Department & Anor [2014] EWHC 559 (Admin) (05 March 2014)

RQ (Jordan)), R (on the application of) v Secretary of State for the Home Department & Anor [2014] EWHC 559 (Admin) (05 March 2014)

The Upper Tribunal erred in law by failing to recognize that the First Tier Tribunal's adverse credibility findings on the asylum claim were tainted by its erroneous findings on the nationality issue, which could have been corrected had an adjournment been granted. Fairness required the Claimant be given the opportunity to obtain and present evidence on his nationality, and the refusal to adjourn rendered the hearing unfair.

Citation
[2014] EWHC 559 (Admin)
Parties
Claimant: RQ (Jordan); First Defendant: Secretary of State for the Home Department; Second Defendant: Upper Tribunal (Immigration and Asylum Chamber)
Jurisdiction
England and Wales
Judgment Date
05 March 2014
Procedural Posture
Judicial Review / Judgment on Substantive Application
Outcome
Application for judicial review granted; Upper Tribunal decision quashed.
Legal Topics
Asylum, Judicial Review, Adjournment, Procedural Fairness, Credibility Assessment
Immigration Law Administrative Law Asylum Judicial Review Adjournment Procedural Fairness Credibility Assessment

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Parties

RQ (Jordan)

Claimant

Secretary of State for the Home Department

First Defendant

Upper Tribunal (Immigration and Asylum Chamber)

Second Defendant

Procedural Posture

Judicial Review / Judgment on Substantive Application

Legal Issues

  1. 1 Whether the refusal to adjourn the First Tier Tribunal hearing was lawful and fair
  2. 2 Whether the Upper Tribunal erred in refusing permission to appeal on the adjournment issue

Ratio Decidendi

The Upper Tribunal erred in law by failing to recognize that the First Tier Tribunal's adverse credibility findings on the asylum claim were tainted by its erroneous findings on the nationality issue, which could have been corrected had an adjournment been granted. Fairness required the Claimant be given the opportunity to obtain and present evidence on his nationality, and the refusal to adjourn rendered the hearing unfair.

Court Disposition

Application for judicial review granted; Upper Tribunal decision quashed.

Orders

  • The decision of the Upper Tribunal dated 21 September 2012 refusing permission to appeal is quashed.
  • Submissions to be invited from the parties as to the appropriate form of order.