A v Secretary of State for the Home Department [2006] EWCA Civ 973 (28 June 2006)

The grant of permission to appeal is subject to resolution of the question of time, as the applicant's explanation for delay must be considered before determining whether to enlarge time for appeal.

Citation: [2006] EWCA Civ 973
Parties: Claimant/appellant: A; Defendant/respondent: Secretary of State for the Home Department
Jurisdiction: England and Wales
Judgment Date: 28 June 2006
Procedural Posture: Appeal / Application for Permission to Appeal and for Enlargement of Time
Outcome: Application granted, subject to resolution of time issue
Legal Topics: Credibility Assessment, Documentary Evidence, Extension of Time, Permission to Appeal

Immigration Law Asylum Law Credibility Assessment Documentary Evidence Extension of Time Permission to Appeal

Case Brief

Summary, issues, holding and outcome

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Parties

Claimant/appellant

Secretary of State for the Home Department

Defendant/respondent

Procedural Posture

Appeal / Application for Permission to Appeal and for Enlargement of Time

Legal Issues

1 Whether the Asylum and Immigration Tribunal erred in its assessment of the applicant's credibility
2 Whether corroborative documentary and medical evidence was properly considered
3 Whether time for appealing should be enlarged

Ratio Decidendi

The grant of permission to appeal is subject to resolution of the question of time, as the applicant's explanation for delay must be considered before determining whether to enlarge time for appeal.

Court Disposition

Application granted, subject to resolution of time issue

Orders

Applicant to submit full explanation for delay within two weeks
Home Office to respond within 14 days thereafter