Detamu v Secretary of State for the Home Department [2006] EWCA Civ 604 (24 February 2006)

Detamu v Secretary of State for the Home Department [2006] EWCA Civ 604 (24 February 2006)

The adjudicator's error of law in rejecting Dr Trueman's expert report was material, as it went to the core of the appellant's claim regarding OLF membership and risk on return; proper consideration of the report could have affected the credibility assessment and outcome.

Citation
[2006] EWCA Civ 604
Parties
Claimant/appellant: Detamu; Defendant/respondent: Secretary of State for the Home Department
Jurisdiction
England and Wales
Judgment Date
24 February 2006
Procedural Posture
Immigration Appeal / Appeal From Immigration Appeal Tribunal to Court of Appeal
Outcome
appeal allowed
Legal Topics
Materiality of Error of Law, Assessment of Expert Evidence, Credibility in Asylum Claims
Immigration Asylum Human Rights Materiality of Error of Law Assessment of Expert Evidence Credibility in Asylum Claims

Case Brief

Summary, issues, holding and outcome

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Parties

Detamu

Claimant/appellant

Secretary of State for the Home Department

Defendant/respondent

Procedural Posture

Immigration Appeal / Appeal From Immigration Appeal Tribunal to Court of Appeal

Legal Issues

  1. 1 Whether the adjudicator's error of law in rejecting expert evidence was material to the outcome
  2. 2 Appropriate approach to admitted errors of law in adjudication
  3. 3 Assessment of credibility in asylum claims

Ratio Decidendi

The adjudicator's error of law in rejecting Dr Trueman's expert report was material, as it went to the core of the appellant's claim regarding OLF membership and risk on return; proper consideration of the report could have affected the credibility assessment and outcome.

Court Disposition

appeal allowed

Orders

  • matter remitted to the tribunal for reconsideration