Vairavanathan, R (on the application of) v Secretary Of State For Home Department [2002] EWCA Civ 1310 (29 July 2002)

Vairavanathan, R (on the application of) v Secretary Of State For Home Department [2002] EWCA Civ 1310 (29 July 2002)

A second adjudicator, on remittal from the Immigration Appeal Tribunal, retains full jurisdiction under paragraph 5(7) of Schedule 2 of the 1993 Act to consider and agree with the Secretary of State's certificate, as the certificate remains extant and the statutory scheme does not limit the adjudicator's powers on remittal.

Citation
[2002] EWCA Civ 1310
Parties
Claimant/respondent: Rajah Vairavanathan; Defendant/appellant: Secretary of State for the Home Department
Jurisdiction
England and Wales
Judgment Date
29 July 2002
Procedural Posture
Judicial Review/statutory Appeal / Appeal From Administrative Court to Court of Appeal
Outcome
Appeal allowed
Legal Topics
Asylum Certification, Jurisdiction of Adjudicators, Remittal Procedure, Right of Appeal
Immigration Law Administrative Law Asylum Certification Jurisdiction of Adjudicators Remittal Procedure Right of Appeal

Case Brief

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Parties

Rajah Vairavanathan

Claimant/respondent

Secretary of State for the Home Department

Defendant/appellant

Procedural Posture

Judicial Review/statutory Appeal / Appeal From Administrative Court to Court of Appeal

Legal Issues

  1. 1 Whether a second adjudicator, on remittal, has jurisdiction to consider and agree with the Secretary of State's certificate under paragraph 5 of Schedule 2 of the Asylum and Immigration Appeals Act 1993
  2. 2 Whether the first adjudicator's disagreement with the certificate nullifies or discharges it

Ratio Decidendi

A second adjudicator, on remittal from the Immigration Appeal Tribunal, retains full jurisdiction under paragraph 5(7) of Schedule 2 of the 1993 Act to consider and agree with the Secretary of State's certificate, as the certificate remains extant and the statutory scheme does not limit the adjudicator's powers on remittal.

Court Disposition

Appeal allowed

Orders

  • No order as to costs
  • Legal aid assessment