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England and Wales Court of Appeal (Civil Division) Decisions |
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You are here: BAILII >> Databases >> England and Wales Court of Appeal (Civil Division) Decisions >> Lusala, R (on the application of) v Secretary of State for the Home Department [2004] EWCA Civ 420 (25 March 2004) URL: https://www.bailii.org/ew/cases/EWCA/Civ/2004/420.html Cite as: [2004] EWCA Civ 420 |
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IN THE COURT OF APPEAL (CIVIL DIVISION)
ON APPEAL FROM THE HIGH COURT
IMMIGRATION APPEAL TRIBUNAL
(MR P R MOULDEN AND MR A F SHEWARD)
Strand London, WC2A 2LL |
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B e f o r e :
LORD JUSTICE CARNWATH
LORD JUSTICE JACOB
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T H E Q U E E N | ||
(ON THE APPLICATION OF NSONGO LUSALA) | Claimant/Appellant | |
-v- | ||
SECRETARY OF STATE FOR THE HOME DEPARTMENT | Defendant/Respondent |
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Smith Bernal Wordwave Limited
190 Fleet Street, London EC4A 2AG
Tel No: 020 7404 1400 Fax No: 020 7831 8838
(Official Shorthand Writers to the Court)
MISS LISA GIOVANNETTI (instructed by The Treasury Solicitor, London, SW1H 9JS) Appeared on behalf of the Respondent
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Crown Copyright ©
"In the exceptional circumstances in this case, it was an error of law not to take account of Mr McDowall's report with a view to directing a rehearing."
That concession was considered by this court in the case of E and R v Secretary of State [2004] EWCA Civ 49. The counsel in that case, Mr Kovats, did not support the concession, and the judgment of the court, which I gave, contained some discussion of the correctness of that concession both under the previous rules and under the rules under consideration in "E".
Order: Permission to appeal refused. Public funding order of appellant's costs.