Khan v Secretary of State for the Home Department [2006] EWCA Civ 480 (15 March 2006)

Khan v Secretary of State for the Home Department [2006] EWCA Civ 480 (15 March 2006)

It is arguable that the IAT was wrong to find a material error of law in the adjudicator's assessment of sufficiency of protection, as the adjudicator's factual findings were sustainable on the evidence and did not necessarily amount to an error of law. Therefore, permission to appeal is granted.

Citation
[2006] EWCA Civ 480
Parties
Claimant/appellant: Khan; Defendant/respondent: Secretary of State for the Home Department
Jurisdiction
England and Wales
Judgment Date
15 March 2006
Procedural Posture
Asylum Appeal / Renewed Application for Permission to Appeal to Court of Appeal
Outcome
permission to appeal granted
Legal Topics
Sufficiency of Protection, Error of Law, Jurisdiction of Appellate Tribunal, Internal Relocation, Credibility Assessment
Immigration Law Asylum Law Administrative Law Sufficiency of Protection Error of Law Jurisdiction of Appellate Tribunal Internal Relocation Credibility Assessment

Case Brief

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Parties

Khan

Claimant/appellant

Secretary of State for the Home Department

Defendant/respondent

Procedural Posture

Asylum Appeal / Renewed Application for Permission to Appeal to Court of Appeal

Legal Issues

  1. 1 Whether the Immigration Appeal Tribunal (IAT) erred in finding a material error of law by the adjudicator
  2. 2 Whether the adjudicator's finding on sufficiency of protection was sustainable on the evidence
  3. 3 Whether the IAT had jurisdiction to overturn the adjudicator's decision

Ratio Decidendi

It is arguable that the IAT was wrong to find a material error of law in the adjudicator's assessment of sufficiency of protection, as the adjudicator's factual findings were sustainable on the evidence and did not necessarily amount to an error of law. Therefore, permission to appeal is granted.

Court Disposition

permission to appeal granted

Orders

  • Application allowed
  • Permission to appeal to the Court of Appeal granted