G & H, R (on the application of) v Secretary of State for the Home Department

G & H, R (on the application of) v Secretary of State for the Home Department

The Upper Tribunal's refusal of permission to appeal was wrong in law because it failed to recognise that the claimants' grounds of appeal were not only arguable but bound to succeed. The First-tier Tribunal breached procedural fairness by going behind the Home Secretary's concession without notice, failed to apply preserved country guidance, and improperly discounted expert evidence. These errors were material and vitiated both the FTT and Upper Tribunal decisions.

Parties
Claimant: G; Claimant: H; Defendant: Upper Tribunal; Interested Party: Secretary of State for the Home Department
Jurisdiction
England and Wales
Judgment Date
11 February 2016
Procedural Posture
Judicial Review / Final Judgment After Substantive Hearing
Outcome
Upper Tribunal permission refusal quashed; matter remitted to Upper Tribunal for reconsideration.
Legal Topics
Procedural Fairness, Country Guidance, Expert Evidence, Permission to Appeal, Judicial Review of Tribunal Decisions, Female Genital Mutilation (fgm), Human Trafficking
Immigration Asylum Administrative Law Human Rights Procedural Fairness Country Guidance Expert Evidence Permission to Appeal +3 more

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Parties

G

Claimant

H

Claimant

Upper Tribunal

Defendant

Secretary of State for the Home Department

Interested Party

Procedural Posture

Judicial Review / Final Judgment After Substantive Hearing

Legal Issues

  1. 1 Whether the Upper Tribunal's refusal of permission to appeal was wrong in law
  2. 2 Whether the First-tier Tribunal breached principles of procedural fairness by going behind a concession without notice
  3. 3 Whether the First-tier Tribunal failed to apply preserved country guidance findings

Ratio Decidendi

The Upper Tribunal's refusal of permission to appeal was wrong in law because it failed to recognise that the claimants' grounds of appeal were not only arguable but bound to succeed. The First-tier Tribunal breached procedural fairness by going behind the Home Secretary's concession without notice, failed to apply preserved country guidance, and improperly discounted expert evidence. These errors were material and vitiated both the FTT and Upper Tribunal decisions.

Court Disposition

Upper Tribunal permission refusal quashed; matter remitted to Upper Tribunal for reconsideration.

Orders

  • Upper Tribunal's refusal of permission to appeal is quashed.
  • Matter remitted to Upper Tribunal to reconsider permission to appeal in accordance with this judgment.