R v Secretary of State for the Home Department [2006] EWCA Civ 446 (16 March 2006)

R v Secretary of State for the Home Department [2006] EWCA Civ 446 (16 March 2006)

The tribunal failed to conduct an adequate analysis of the evidence after finding an error of law in the adjudicator's determination; therefore, the case must be remitted to a differently constituted tribunal for a full fact-finding rehearing, with the tribunal approaching the evidence afresh and making its own findings.

Citation
[2006] EWCA Civ 446
Parties
Claimant/appellant: R; Defendant/respondent: Secretary of State for the Home Department
Jurisdiction
England and Wales
Judgment Date
16 March 2006
Procedural Posture
Asylum Appeal / Permission to Appeal and Substantive Appeal Before Court of Appeal
Outcome
appeal allowed
Legal Topics
Asylum, Remission of Tribunal Decision, Error of Law, Fact Finding, European Convention on Human Rights
Immigration Human Rights Asylum Remission of Tribunal Decision Error of Law Fact Finding European Convention on Human Rights

Case Brief

Summary, issues, holding and outcome

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Parties

R

Claimant/appellant

Secretary of State for the Home Department

Defendant/respondent

Procedural Posture

Asylum Appeal / Permission to Appeal and Substantive Appeal Before Court of Appeal

Legal Issues

  1. 1 Whether the tribunal conducted an adequate analysis of evidence after finding an error of law in the adjudicator's determination
  2. 2 Whether the case should be remitted for a full rehearing before a differently constituted tribunal
  3. 3 Whether previous determinations should be excluded from consideration on remission

Ratio Decidendi

The tribunal failed to conduct an adequate analysis of the evidence after finding an error of law in the adjudicator's determination; therefore, the case must be remitted to a differently constituted tribunal for a full fact-finding rehearing, with the tribunal approaching the evidence afresh and making its own findings.

Court Disposition

appeal allowed

Orders

  • Remission to a differently constituted tribunal for a full fact-finding rehearing
  • Tribunal to approach evidence afresh and make its own findings