Shaheen v Secretary of State for the Home Department

Shaheen v Secretary of State for the Home Department

The IAT did not commit an error of law in refusing to admit the Secretary of State's new evidence because the alleged mistake of fact was not uncontentious or objectively verifiable; the dispute remained contested and did not satisfy the criteria in E and R. The IAT was correct to dismiss the appeal as the requirements for admitting new evidence on appeal were not met.

Parties
Applicant/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, Error of Law, Admission of New Evidence, Finality of Litigation, Mistake of Fact
Immigration Law Administrative Law Asylum Error of Law Admission of New Evidence Finality of Litigation Mistake of Fact

Case Brief

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Parties

Shabana Shaheen

Applicant/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 Whether the Immigration Appeal Tribunal (IAT) committed an error of law in refusing to admit new evidence and dismissing the Secretary of State's appeal
  2. 2 Whether new evidence should be admitted on appeal and the applicable legal principles

Ratio Decidendi

The IAT did not commit an error of law in refusing to admit the Secretary of State's new evidence because the alleged mistake of fact was not uncontentious or objectively verifiable; the dispute remained contested and did not satisfy the criteria in E and R. The IAT was correct to dismiss the appeal as the requirements for admitting new evidence on appeal were not met.

Court Disposition

appeal dismissed

Orders

  • The appeal by the Secretary of State is dismissed.