I v Secretary of State for the Home Department [2006] EWCA Civ 842 (22 May 2006)

I v Secretary of State for the Home Department [2006] EWCA Civ 842 (22 May 2006)

There was no arguable error of law in the AIT's approach; the points raised were not in the grounds of appeal, the adjudicator's findings were reasonably open to her, and the refusal to admit fresh evidence was justified. The adverse credibility finding stands and the application for permission to appeal is refused.

Citation
[2006] EWCA Civ 842
Parties
Claimant/appellant: I; Defendant/respondent: Secretary of State for the Home Department
Jurisdiction
England and Wales
Judgment Date
22 May 2006
Procedural Posture
Asylum Appeal / Renewed Application for Permission to Appeal to Court of Appeal
Outcome
application refused
Legal Topics
Adverse Credibility Findings, Fresh Evidence, Error of Law, Grounds of Appeal, Judicial Review
Immigration Law Asylum Law Adverse Credibility Findings Fresh Evidence Error of Law Grounds of Appeal Judicial Review

Case Brief

Summary, issues, holding and outcome

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Parties

I

Claimant/appellant

Secretary of State for the Home Department

Defendant/respondent

Procedural Posture

Asylum Appeal / Renewed Application for Permission to Appeal to Court of Appeal

Legal Issues

  1. 1 Whether the Asylum and Immigration Tribunal (AIT) erred in law in upholding the adjudicator's adverse credibility findings against the applicant
  2. 2 Whether the AIT erred in refusing to admit fresh evidence
  3. 3 Whether the adjudicator's findings were perverse or unsupported by evidence

Ratio Decidendi

There was no arguable error of law in the AIT's approach; the points raised were not in the grounds of appeal, the adjudicator's findings were reasonably open to her, and the refusal to admit fresh evidence was justified. The adverse credibility finding stands and the application for permission to appeal is refused.

Court Disposition

application refused

Orders

  • Renewed application for permission to appeal is refused.