Dube v Secretary of State for the Home Department [2003] EWCA Civ 114 (13 February 2003)

Dube v Secretary of State for the Home Department [2003] EWCA Civ 114 (13 February 2003)

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; paragraph 9(2) cannot be construed to allow post-adjudication withdrawal.

Citation
[2003] EWCA Civ 114
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
Appeal From High Court (queen's Bench Division) / Court of Appeal Judgment
Outcome
Appeal allowed
Legal Topics
Certification Under Asylum and Immigration Act 1999, Appeal Rights, Withdrawal of Certificate, Refugee Convention, ECHR
Immigration Asylum Human Rights Certification Under Asylum and Immigration Act 1999 Appeal Rights Withdrawal of Certificate Refugee Convention ECHR

Case Brief

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Parties

Ndabezinhle Dube

Claimant/respondent

The Secretary of State for the Home Department

Defendant/appellant

Procedural Posture

Appeal From High Court (queen's Bench Division) / Court of Appeal Judgment

Legal Issues

  1. 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
  2. 2 Effect of certification on appeal rights
  3. 3 Interpretation of paragraph 9(2)

Ratio Decidendi

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; paragraph 9(2) cannot be construed to allow post-adjudication withdrawal.

Court Disposition

Appeal allowed

Orders

  • No order as to costs except for detailed assessment of respondent's costs for Community Legal Aid funding