Mazrae v Secretary Of State For Home Department [2004] EWCA Civ 1235 (28 July 2004)

Mazrae v Secretary Of State For Home Department [2004] EWCA Civ 1235 (28 July 2004)

The Immigration Appeal Tribunal was entitled to refuse to reopen the first ground of appeal regarding the adjudicator's credibility assessment, as the applicant failed to properly present the issue at the appropriate stage and no arguable error of law or unfairness was established warranting permission to appeal.

Citation
[2004] EWCA Civ 1235
Parties
Appellant/claimant: Mohamed Shihab Mazrae; Defendant/respondent: Secretary of State for the Home Department
Jurisdiction
England and Wales
Judgment Date
28 July 2004
Procedural Posture
Asylum/immigration Appeal / Renewed Application for Permission to Appeal to Court of Appeal From Immigration Appeal Tribunal
Outcome
Application for permission to appeal refused
Legal Topics
Credibility Assessment in Asylum Claims, Mistake of Fact as Ground of Appeal, Admissibility of New Evidence, Procedural Fairness, Expert Evidence in Asylum Cases
Immigration Law Asylum Law Administrative Law Credibility Assessment in Asylum Claims Mistake of Fact as Ground of Appeal Admissibility of New Evidence Procedural Fairness Expert Evidence in Asylum Cases

Case Brief

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Parties

Mohamed Shihab Mazrae

Appellant/claimant

Secretary of State for the Home Department

Defendant/respondent

Procedural Posture

Asylum/immigration Appeal / Renewed Application for Permission to Appeal to Court of Appeal From Immigration Appeal Tribunal

Legal Issues

  1. 1 Whether the Immigration Appeal Tribunal erred in refusing to reopen the first ground of appeal regarding the adjudicator's assessment of credibility
  2. 2 Whether new medical evidence should have led to reconsideration of credibility findings
  3. 3 Whether a mistake of fact giving rise to unfairness was present

Ratio Decidendi

The Immigration Appeal Tribunal was entitled to refuse to reopen the first ground of appeal regarding the adjudicator's credibility assessment, as the applicant failed to properly present the issue at the appropriate stage and no arguable error of law or unfairness was established warranting permission to appeal.

Court Disposition

Application for permission to appeal refused

Orders

  • Application dismissed
  • No permission to appeal granted