Dede v Secretary of State for the Home Department [2006] EWCA Civ 576 (09 March 2006)

Dede v Secretary of State for the Home Department [2006] EWCA Civ 576 (09 March 2006)

The adjudicator's error in describing HADEP as a legitimate party was material, as it affected the assessment of risk on return and was not properly addressed by the Immigration Appeal Tribunal; the appeal must be allowed and remitted for reconsideration.

Citation
[2006] EWCA Civ 576
Parties
Claimant/applicant: DEDE; Defendant/respondent: Secretary of State for the Home Department
Jurisdiction
England and Wales
Judgment Date
09 March 2006
Procedural Posture
Asylum and Human Rights Appeal / Appeal From Immigration Appeal Tribunal to Court of Appeal
Outcome
appeal allowed
Legal Topics
Asylum, Persecution, Risk on Return, Material Error of Law, Status of Political Parties
Immigration Human Rights Asylum Persecution Risk on Return Material Error of Law Status of Political Parties

Case Brief

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Parties

DEDE

Claimant/applicant

Secretary of State for the Home Department

Defendant/respondent

Procedural Posture

Asylum and Human Rights Appeal / Appeal From Immigration Appeal Tribunal to Court of Appeal

Legal Issues

  1. 1 Whether the adjudicator's error regarding the status of HADEP was material to the risk assessment for asylum
  2. 2 Whether the Immigration Appeal Tribunal failed to address a significant ground of appeal

Ratio Decidendi

The adjudicator's error in describing HADEP as a legitimate party was material, as it affected the assessment of risk on return and was not properly addressed by the Immigration Appeal Tribunal; the appeal must be allowed and remitted for reconsideration.

Court Disposition

appeal allowed

Orders

  • matter remitted to a fresh tribunal for reconsideration