Gurung, R (on the application of) v Immigration Appeal Tribunal

Gurung, R (on the application of) v Immigration Appeal Tribunal

The application was dismissed as totally without merit because the grounds did not address the credibility findings of the adjudicator, which were upheld by the Immigration Appeal Tribunal, and the application was out of time.

Parties
Claimant/appellant: Rajendra Gurung; Defendant/respondent: Immigration Appeal Tribunal
Jurisdiction
England and Wales
Judgment Date
10 June 2004
Procedural Posture
Judicial Review Application / Application for Permission to Appeal to the Court of Appeal
Outcome
Application dismissed
Legal Topics
Asylum, Judicial Review, Permission to Appeal, Credibility of Witnesses
Immigration Law Administrative Law Asylum Judicial Review Permission to Appeal Credibility of Witnesses

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 / Application for Permission to Appeal to the Court of Appeal

Legal Issues

  1. 1 Whether the Immigration Appeal Tribunal erred in refusing permission to appeal based on credibility findings
  2. 2 Whether the application for judicial review raised arguable grounds
  3. 3 Whether the application was out of time

Ratio Decidendi

The application was dismissed as totally without merit because the grounds did not address the credibility findings of the adjudicator, which were upheld by the Immigration Appeal Tribunal, and the application was out of time.

Court Disposition

Application dismissed

Orders

  • Application for permission to appeal dismissed