R v Secretary of State for the Home Department [2006] EWCA Civ 993 (27 June 2006)

R v Secretary of State for the Home Department [2006] EWCA Civ 993 (27 June 2006)

The immigration judge's determination and credibility assessment were not erroneous in law; absence of reference to the father's adjudication did not affect the outcome, and the judge was entitled to reach his own view based on the evidence before him.

Citation
[2006] EWCA Civ 993
Parties
Claimant/appellant: R; Defendant/respondent: Secretary of State for the Home Department
Jurisdiction
England and Wales
Judgment Date
27 June 2006
Procedural Posture
Immigration Appeal / Application for Permission to Appeal
Outcome
application refused
Legal Topics
Asylum, Refugee Status, Credibility Assessment, Procedural Error
Immigration Human Rights Asylum Refugee Status Credibility Assessment Procedural Error

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

Immigration Appeal / Application for Permission to Appeal

Legal Issues

  1. 1 Whether failure to consider previous adjudication in father's asylum case constitutes an error of law
  2. 2 Whether credibility assessment was fatally contaminated by absence of earlier determination
  3. 3 Whether in-country evidence was sufficiently considered

Ratio Decidendi

The immigration judge's determination and credibility assessment were not erroneous in law; absence of reference to the father's adjudication did not affect the outcome, and the judge was entitled to reach his own view based on the evidence before him.

Court Disposition

application refused

Orders

  • Application for permission to appeal refused