RQ (Jordan)), R (on the application of) v Secretary of State for the Home Department & Anor

RQ (Jordan)), R (on the application of) v Secretary of State for the Home Department & Anor

The refusal to adjourn the FTT hearing was unfair as it denied the claimant the opportunity to produce crucial evidence on nationality, which was central to the credibility assessment. The UT erred in law by concluding that the credibility findings on the asylum claim were independent of the nationality issue, when in fact the FTT's adverse credibility findings were intertwined with its erroneous finding on nationality.

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 for Judicial Review
Outcome
Application for judicial review granted
Legal Topics
Asylum, Adjournment, Fair Hearing, Credibility Assessment, Judicial Review, Procedural Fairness
Immigration Law Administrative Law Asylum Adjournment Fair Hearing Credibility Assessment Judicial Review Procedural Fairness

Case Brief

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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 for Judicial Review

Legal Issues

  1. 1 Whether the refusal to adjourn the First Tier Tribunal hearing rendered the proceedings unfair
  2. 2 Whether the Upper Tribunal erred in refusing permission to appeal on the adjournment issue
  3. 3 Whether adverse credibility findings were improperly influenced by an erroneous finding on nationality

Ratio Decidendi

The refusal to adjourn the FTT hearing was unfair as it denied the claimant the opportunity to produce crucial evidence on nationality, which was central to the credibility assessment. The UT erred in law by concluding that the credibility findings on the asylum claim were independent of the nationality issue, when in fact the FTT's adverse credibility findings were intertwined with its erroneous finding on nationality.

Court Disposition

Application for judicial review granted

Orders

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