H v Secretary of State for the Home Department

H v Secretary of State for the Home Department

Permission to appeal is granted because it cannot be said there is a complete absence of prospect of success; the immigration judge's determination may be vitiated by failure to engage with and provide reasons for rejecting the applicant's evidence and submissions.

Parties
Claimant/appellant: H; Defendant/respondent: Secretary of State for the Home Department
Jurisdiction
England and Wales
Judgment Date
02 May 2006
Procedural Posture
Asylum and Immigration Appeal / Renewed Application for Permission to Appeal
Outcome
permission to appeal granted
Legal Topics
Adverse Credibility Findings, Material Error of Law, Judicial Reasoning, Grounds of Appeal
Immigration Law Asylum Law Adverse Credibility Findings Material Error of Law Judicial Reasoning Grounds of Appeal

Case Brief

Summary, issues, holding and outcome

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Parties

H

Claimant/appellant

Secretary of State for the Home Department

Defendant/respondent

Procedural Posture

Asylum and Immigration Appeal / Renewed Application for Permission to Appeal

Legal Issues

  1. 1 Whether the immigration judge failed to engage with the applicant's evidence and submissions
  2. 2 Whether the adverse credibility finding was justified
  3. 3 Whether the determination was vitiated by material error of law

Ratio Decidendi

Permission to appeal is granted because it cannot be said there is a complete absence of prospect of success; the immigration judge's determination may be vitiated by failure to engage with and provide reasons for rejecting the applicant's evidence and submissions.

Court Disposition

permission to appeal granted

Orders

  • Applicant to file amended grounds of appeal within seven days
  • Appeal to be heard by three members of the court, including at least one from the asylum group and possibly a High Court judge