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

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

The Adjudicator did not commit an error of law by failing to obtain and consider the 2003 CIPU report, as he was entitled to decide the case on the evidence before him. The Immigration Appeal Tribunal erred in admitting the CIPU report as fresh evidence and quashing the Adjudicator's decision. The Adjudicator's decision should stand.

Parties
Claimant: Miss Koroma; Defendant: Immigration Appeal Tribunal; Interested Party: Secretary of State for the Home Department
Jurisdiction
England and Wales
Judgment Date
16 February 2005
Procedural Posture
Judicial Review / Statutory Appeal / High Court Appeal From Immigration Appeal Tribunal
Outcome
Appeal allowed
Legal Topics
Asylum, Error of Law, Admission of Fresh Evidence, Article 3 ECHR, Ladd V Marshall Principles
Immigration Law Human Rights Law Asylum Error of Law Admission of Fresh Evidence Article 3 ECHR Ladd V Marshall Principles

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Parties

Miss Koroma

Claimant

Immigration Appeal Tribunal

Defendant

Secretary of State for the Home Department

Interested Party

Procedural Posture

Judicial Review / Statutory Appeal / High Court Appeal From Immigration Appeal Tribunal

Legal Issues

  1. 1 Whether the Adjudicator committed an error of law by failing to obtain and consider the 2003 CIPU report on Sierra Leone
  2. 2 Whether the Immigration Appeal Tribunal erred in admitting the CIPU report as fresh evidence and quashing the Adjudicator's decision

Ratio Decidendi

The Adjudicator did not commit an error of law by failing to obtain and consider the 2003 CIPU report, as he was entitled to decide the case on the evidence before him. The Immigration Appeal Tribunal erred in admitting the CIPU report as fresh evidence and quashing the Adjudicator's decision. The Adjudicator's decision should stand.

Court Disposition

Appeal allowed

Orders

  • Decision of the Immigration Appeal Tribunal set aside
  • Decision of the Adjudicator reinstated