Dede v Secretary of State for the Home Department

There is a real prospect of success on appeal because the Adjudicator made an error of law regarding the status of HADEP and failed to consider all relevant risk factors, and the Tribunal did not address or correct this error.

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: Civil Appeal / Application for Permission to Appeal From Immigration Appeal Tribunal
Outcome: Permission to appeal granted
Legal Topics: Asylum, Persecution, Internal Flight Alternative, Error of Law

Immigration Law Human Rights Law Asylum Persecution Internal Flight Alternative Error of Law

Case Brief

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Parties

Merdan Dede

Applicant/appellant

Secretary of State for the Home Department

Defendant/respondent

Procedural Posture

Civil Appeal / Application for Permission to Appeal From Immigration Appeal Tribunal

Legal Issues

1 Whether the Adjudicator erred in law by describing HADEP as a legitimate party when it was banned
2 Whether the Adjudicator failed to consider all relevant risk factors as per country guidance case 'A'
3 Whether the Immigration Appeal Tribunal failed to address the Adjudicator's error and reassess the risk on return

Ratio Decidendi

Court Disposition

Permission to appeal granted

Orders

Permission to appeal to the Tribunal is granted
The Tribunal should be a three judge tribunal, one of whom may be a High Court judge