Secretary of State for the Home Department v Haile [2004] EWCA Civ 1061 (24 June 2004)

Secretary of State for the Home Department v Haile [2004] EWCA Civ 1061 (24 June 2004)

It is arguable that the Tribunal, in overturning the adjudicator's decision, should have explained its treatment of personal factors relevant to the applicant's risk on return.

Citation
[2004] EWCA Civ 1061
Parties
Claimant/respondent: Secretary of State for the Home Department; Defendant/applicant: Dawit Haile
Jurisdiction
England and Wales
Judgment Date
24 June 2004
Procedural Posture
Immigration Appeal / Renewed Application for Permission to Appeal to the Court of Appeal
Outcome
Permission to appeal granted
Legal Topics
Asylum Refusal, Risk on Return, Assessment of in Country Evidence, Tribunal Procedure
Immigration Law Asylum Law Asylum Refusal Risk on Return Assessment of in Country Evidence Tribunal Procedure

Case Brief

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Parties

Secretary of State for the Home Department

Claimant/respondent

Dawit Haile

Defendant/applicant

Procedural Posture

Immigration Appeal / Renewed Application for Permission to Appeal to the Court of Appeal

Legal Issues

  1. 1 Whether the Immigration Appeal Tribunal erred in overturning the adjudicator's decision allowing asylum
  2. 2 Whether the Tribunal properly considered personal factors relevant to risk on return

Ratio Decidendi

It is arguable that the Tribunal, in overturning the adjudicator's decision, should have explained its treatment of personal factors relevant to the applicant's risk on return.

Court Disposition

Permission to appeal granted

Orders

  • Application for permission to appeal allowed
  • Appeal to be heard before a 3-judge court, one of whom may be a High Court Judge