Benghellab v Secretary of State for the Home Department

Benghellab v Secretary of State for the Home Department

The adjudicator failed to provide any reasoning for preferring the Joffé report over the CIPU report; the Immigration Appeal Tribunal was correct to find an error of law and to determine the matter itself based on the available evidence.

Parties
Claimant/appellant: Benghellab; Defendant/respondent: Secretary of State for the Home Department
Jurisdiction
England and Wales
Judgment Date
07 October 2005
Procedural Posture
Civil Appeal / Renewed Application for Permission to Appeal
Outcome
application refused
Legal Topics
Internal Relocation, Risk of Persecution, Asylum, Adequacy of Reasoning, Appeal Procedure
Immigration Law Human Rights Law Internal Relocation Risk of Persecution Asylum Adequacy of Reasoning Appeal Procedure

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 1 Party arguments 2
Sign in to unlock

Parties

Benghellab

Claimant/appellant

Secretary of State for the Home Department

Defendant/respondent

Procedural Posture

Civil Appeal / Renewed Application for Permission to Appeal

Legal Issues

  1. 1 Whether the claimant faces a real risk of persecution or harm upon return to Algeria
  2. 2 Whether the adjudicator provided adequate reasoning for preferring the Joffé report over the CIPU report
  3. 3 Whether the Immigration Appeal Tribunal was correct to allow the appeal and determine the matter itself

Ratio Decidendi

The adjudicator failed to provide any reasoning for preferring the Joffé report over the CIPU report; the Immigration Appeal Tribunal was correct to find an error of law and to determine the matter itself based on the available evidence.

Court Disposition

application refused

Orders

  • Application for permission to appeal refused