Court of Appeal
Published January 10, 2007
DK (Serbia) v Secretary of State for the Home Department
DK (Serbia) v Same
JN (Uganda) v Same
MS (Somalia) v Same
AI (Nigeria) v Same
PE (Nigeria) v Same
SP (Serbia) v Same
Before Lord Justice Latham, Lord Justice Longmore and Lord Justice Moore-Bick
Judgment December 20, 2006The Court of Appeal gave practical guidance as to the reconsideration of asylum cases which the Asylum and Immigration Tribunal was empowered to carry out.

The court was disposing of seven applications and appeals from decisions of that tribunal and addressed two principal questions arising out of the new regime under the Asylum and Immigration (Treatment of Claimants, etc) Act 2004:

(i) What was the scope of the reconsideration of a decision by a tribunal in the event of that decision arguably being infected by an error of law? (ii) What procedures should be adopted by the tribunal in dealing with such reconsideration?

Ms Frances Webber for DK; Ms Nabila Mallick for JN; Mrs Joanne Rothwell for MS, Ms Frances Webber for AI; Mr Manjit Gill QC and Mr Jonathan Adler for PE; Mrs Joanne Rothwell for SP; Mr Gerard Clarke and Mr David Pievsky for the Home Secretary.

LORD JUSTICE LATHAM said, as to the scope of reconsideration, that the tribunal was entitled to approach it and to give directions accordingly on the basis that the reconsideration would first determine whether or not there were any identifiable errors of law and would then consider the effect of any such error or errors on the original decision.

Read the full articles at Times Online



Comments are closed.