Lusala, R (on the application of) v Secretary of State for the Home Department

Lusala, R (on the application of) v Secretary of State for the Home Department

There was no error of law by the tribunal as the relevant UNHCR report and country guidance were not before it at the time of its decision; new evidence must be presented to the Secretary of State, not via appeal.

Parties
Claimant/appellant: Nsongo Lusala; Defendant/respondent: Secretary of State for the Home Department
Jurisdiction
England and Wales
Judgment Date
25 March 2004
Procedural Posture
Appeal / Judgment on Appeal From Immigration Appeal Tribunal
Outcome
Appeal dismissed
Legal Topics
Asylum, Persecution on Ethnic Grounds, Military Service Objection, Article 3 ECHR, New Evidence on Appeal
Immigration Law Human Rights Law Asylum Persecution on Ethnic Grounds Military Service Objection Article 3 ECHR New Evidence on Appeal

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Parties

Nsongo Lusala

Claimant/appellant

Secretary of State for the Home Department

Defendant/respondent

Procedural Posture

Appeal / Judgment on Appeal From Immigration Appeal Tribunal

Legal Issues

  1. 1 Whether the Immigration Appeal Tribunal erred in law by not considering new country guidance and UNHCR report on conditions for Hutus in the DRC
  2. 2 Whether failure to consider new evidence constituted an error of law justifying remittal

Ratio Decidendi

There was no error of law by the tribunal as the relevant UNHCR report and country guidance were not before it at the time of its decision; new evidence must be presented to the Secretary of State, not via appeal.

Court Disposition

Appeal dismissed

Orders

  • Permission to appeal refused
  • Public funding order of appellant's costs