AM (Cameroon), R (on the application of) v Asylum and Immigration Tribunal

AM (Cameroon), R (on the application of) v Asylum and Immigration Tribunal

Permission to appeal and to apply for judicial review was granted on the basis that the appellant had arguably suffered gross procedural unfairness in the conduct of her asylum appeal, including the refusal to allow oral evidence by telephone, refusal to adjourn for her attendance due to illness, and the manner in which the proceedings were conducted. The Court held that, although statutory review under section 103A is generally the appropriate remedy, in exceptional cases involving denial of justice or bias, judicial review may be available. The case was sufficiently exceptional to warrant further argument and consideration of the orders sought by the appellant.

Parties
Appellant: AM (Cameroon); Respondent: Asylum and Immigration Tribunal
Jurisdiction
England and Wales
Judgment Date
21 February 2007
Procedural Posture
Judicial Review/appeal / Permission to Appeal and Permission to Apply for Judicial Review—court of Appeal
Outcome
Permission to appeal and permission to apply for judicial review granted; matter to proceed for further argument before the Court of Appeal.
Legal Topics
Procedural Fairness, Natural Justice, Judicial Review, Statutory Review, Adjournment, Admission of Evidence, Bias, Asylum Appeals
Immigration Law Administrative Law Human Rights Procedural Fairness Natural Justice Judicial Review Statutory Review Adjournment +3 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 14 Party arguments 2
Sign in to unlock

Parties

AM (Cameroon)

Appellant

Asylum and Immigration Tribunal

Respondent

Procedural Posture

Judicial Review/appeal / Permission to Appeal and Permission to Apply for Judicial Review—court of Appeal

Legal Issues

  1. 1 Whether judicial review is available for interlocutory decisions of an immigration judge where statutory review under section 103A of the Nationality, Immigration and Asylum Act 2002 is available
  2. 2 Whether the appellant was denied procedural fairness and a fair hearing in her asylum appeal
  3. 3 Whether the conduct of the immigration judge amounted to bias or gross procedural unfairness

Ratio Decidendi

Permission to appeal and to apply for judicial review was granted on the basis that the appellant had arguably suffered gross procedural unfairness in the conduct of her asylum appeal, including the refusal to allow oral evidence by telephone, refusal to adjourn for her attendance due to illness, and the manner in which the proceedings were conducted. The Court held that, although statutory review under section 103A is generally the appropriate remedy, in exceptional cases involving denial of justice or bias, judicial review may be available. The case was sufficiently exceptional to warrant further argument and consideration of the orders sought by the appellant.

Court Disposition

Permission to appeal and permission to apply for judicial review granted; matter to proceed for further argument before the Court of Appeal.

Orders

  • Permission to appeal granted.
  • Permission to apply for judicial review granted.