Verde v Secretary of State for the Home Department

Verde v Secretary of State for the Home Department

The existence of objectively verifiable allegations from Portuguese authorities, unknown to the Immigration Appeal Tribunal at the time of its decision, constituted a mistake of fact justifying remittal for reconsideration. Fairness to the immigration process required the tribunal to consider all relevant material, and the seriousness of the new allegations outweighed the delay in bringing the appeal.

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, Extradition, Article 3 ECHR, Fresh Evidence, Jurisdiction, Delay
Immigration Law Human Rights Law Asylum Extradition Article 3 ECHR Fresh Evidence Jurisdiction Delay

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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 of the asylum/human rights decision 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 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, constituted a mistake of fact justifying remittal for reconsideration. Fairness to the immigration process required the tribunal to consider all relevant material, and the seriousness of the new allegations outweighed the delay in bringing the appeal.

Court Disposition

Appeal allowed

Orders

  • The appellant's human rights application is 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.