Dube v Secretary of State for the Home Department

The Secretary of State has no power to withdraw a paragraph 9 certificate once the adjudicator has promulgated a decision agreeing with the opinion expressed in the certificate; the statutory language of paragraph 9(2) is clear and does not permit post-adjudication withdrawal.

Parties: Claimant/respondent: Ndabezinhle Dube; Defendant/appellant: The Secretary of State for the Home Department
Jurisdiction: England and Wales
Judgment Date: 13 February 2003
Procedural Posture: Civil Appeal / Appeal From High Court to Court of Appeal
Outcome: Appeal allowed
Legal Topics: Asylum Certification, Appeal Rights, Statutory Interpretation

Immigration Law Administrative Law Asylum Certification Appeal Rights Statutory Interpretation

Case Brief

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Parties

Ndabezinhle Dube

Claimant/respondent

The Secretary of State for the Home Department

Defendant/appellant

Procedural Posture

Civil Appeal / Appeal From High Court to Court of Appeal

Legal Issues

1 Whether the Secretary of State can withdraw a certificate under paragraph 9 of Schedule IV to the Asylum and Immigration Act 1999 after the adjudicator has agreed with it, thereby allowing a further appeal to the Immigration Appeal Tribunal

Ratio Decidendi

Court Disposition

Appeal allowed

Orders

Declaration below set aside; Secretary of State has no power to withdraw a paragraph 9 certificate after adjudicator's agreement
No order as to costs save for detailed assessment of respondent’s costs for Community Legal Aid funding