Diaby, R (on the application of) v Immigration Appeal Tribunal

Diaby, R (on the application of) v Immigration Appeal Tribunal

The Immigration Appeal Tribunal was not required to consider new material not pleaded or in evidence before it. The adjudicator's decision was unchallengeable on the evidence before her. The proper process is for the claimant to make a fresh application based on new circumstances, not to require the Tribunal to consider new facts post hoc.

Parties
Claimant: Diaby; Defendant: Immigration Appeal Tribunal
Jurisdiction
England and Wales
Judgment Date
06 November 2003
Procedural Posture
Judicial Review / Judgment on Application for Judicial Review and Permission to Appeal
Outcome
Application for judicial review dismissed; permission to appeal refused
Legal Topics
Asylum, Judicial Review, Appeals, Human Rights (echr), Immigration Rules
Immigration Law Human Rights Law Asylum Judicial Review Appeals Human Rights (echr) Immigration Rules

Case Brief

Summary, issues, holding and outcome

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Parties

Diaby

Claimant

Immigration Appeal Tribunal

Defendant

Procedural Posture

Judicial Review / Judgment on Application for Judicial Review and Permission to Appeal

Legal Issues

  1. 1 Whether the Immigration Appeal Tribunal erred in refusing permission to appeal based on new evidence of changed circumstances in Ivory Coast
  2. 2 Whether the Tribunal had a duty to consider facts not pleaded or in evidence but known to it
  3. 3 Whether the claimant should be permitted to rely on new evidence post-adjudicator's decision

Ratio Decidendi

The Immigration Appeal Tribunal was not required to consider new material not pleaded or in evidence before it. The adjudicator's decision was unchallengeable on the evidence before her. The proper process is for the claimant to make a fresh application based on new circumstances, not to require the Tribunal to consider new facts post hoc.

Court Disposition

Application for judicial review dismissed; permission to appeal refused

Orders

  • Detailed assessment of costs ordered under public funding certificate
  • Usual order as to costs where there is a public funding certificate (national lottery order)