Shaheen v Secretary of State for the Home Department [2005] EWCA Civ 1294 (02 November 2005)

Shaheen v Secretary of State for the Home Department [2005] EWCA Civ 1294 (02 November 2005)

The IAT committed no error of law in refusing to admit new evidence that was contentious and not objectively verifiable; the Secretary of State's case did not satisfy the requirements for mistake of fact resulting in unfairness as established in E and R v SSHD. The appeal is dismissed as the IAT's determination was not contrary to legal principles governing errors of law.

Citation
[2005] EWCA Civ 1294
Parties
Appellant/respondent: Shabana Shaheen; Respondent/appellant: The Secretary of State for the Home Department
Jurisdiction
England and Wales
Judgment Date
02 November 2005
Procedural Posture
Immigration Appeal / Appeal From Immigration Appeal Tribunal to Court of Appeal
Outcome
appeal dismissed
Legal Topics
Asylum, Mistake of Fact, Error of Law, Admissibility of New Evidence, Finality in Litigation
Immigration Human Rights Administrative Law Asylum Mistake of Fact Error of Law Admissibility of New Evidence Finality in Litigation

Case Brief

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Parties

Shabana Shaheen

Appellant/respondent

The Secretary of State for the Home Department

Respondent/appellant

Procedural Posture

Immigration Appeal / Appeal From Immigration Appeal Tribunal to Court of Appeal

Legal Issues

  1. 1 Did the Immigration Appeal Tribunal commit an error of law in its consideration of the Secretary of State's appeal?
  2. 2 Should new evidence from Birmingham Heartlands Hospital be admitted and what legal principles apply?

Ratio Decidendi

The IAT committed no error of law in refusing to admit new evidence that was contentious and not objectively verifiable; the Secretary of State's case did not satisfy the requirements for mistake of fact resulting in unfairness as established in E and R v SSHD. The appeal is dismissed as the IAT's determination was not contrary to legal principles governing errors of law.

Court Disposition

appeal dismissed

Orders

  • Appeal by Secretary of State dismissed.
  • No error of law found in IAT's determination.