Ucar, R (on the application of) v Immigration Appeal Tribunal & Anor

Ucar, R (on the application of) v Immigration Appeal Tribunal & Anor

The Tribunal erred in not considering Mr McDowall's report, as it was capable of undermining the adjudicator's reasons for doubting the claimant's credibility. The Tribunal was required to consider the report in determining the application for leave to appeal.

Parties
Claimant: UCAR; Defendant: Immigration Appeal Tribunal; Interested Party: Secretary of State for the Home Department
Jurisdiction
England and Wales
Judgment Date
20 May 2003
Procedural Posture
Judicial Review / Judgment on Renewed Application for Permission for Judicial Review
Outcome
Application allowed; Tribunal's decision quashed; matter remitted for reconsideration
Legal Topics
Asylum, Judicial Review, Fresh Evidence, Tribunal Procedure
Immigration Law Administrative Law Asylum Judicial Review Fresh Evidence Tribunal Procedure

Case Brief

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Parties

UCAR

Claimant

Immigration Appeal Tribunal

Defendant

Secretary of State for the Home Department

Interested Party

Procedural Posture

Judicial Review / Judgment on Renewed Application for Permission for Judicial Review

Legal Issues

  1. 1 Whether the Immigration Appeal Tribunal erred in refusing to consider fresh evidence (Mr McDowall's report) when deciding leave to appeal
  2. 2 Interpretation and application of rule 18(11) of the Immigration and Asylum Appeals (Procedure) Rules 2000

Ratio Decidendi

The Tribunal erred in not considering Mr McDowall's report, as it was capable of undermining the adjudicator's reasons for doubting the claimant's credibility. The Tribunal was required to consider the report in determining the application for leave to appeal.

Court Disposition

Application allowed; Tribunal's decision quashed; matter remitted for reconsideration

Orders

  • Order quashing the Tribunal's refusal of leave to appeal
  • Order requiring a different Tribunal member to reconsider leave to appeal in light of Mr McDowall's report