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You are here: BAILII >> Databases >> United Kingdom Asylum and Immigration Tribunal >> LA (Section 83(2) appeals, human rights) Eritrea [2004] UKIAT 00113 (25 May 2004) URL: https://www.bailii.org/uk/cases/UKIAT/2004/00113.html Cite as: [2004] UKIAT 113, [2004] UKIAT 00113 |
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APPEAL No. LA ...Section 83(2) appeals – human rights) Eritrea
[2004] UKIAT 00113
Date of hearing: 5th May 2004
Date Determination notified: 25 May 2004
MR. K. DRABU (VICE PRESIDENT)
MS. D. K. GILL (VICE PRESIDENT)
Secretary of State for the Home Department | APPELLANT |
and | |
LA | RESPONDENT |
(a) that the Claimant had raised human rights issues in the "Statement of Additional Grounds";
(b) that the Notice of the decision states that there is a right of appeal and also lists the grounds of appeal. This list includes the following:
that the decision is lawful because it is incompatible with [the Claimant's] rights under the European Convention on Human Rights.
(c) that the fact that the Claimant had raised human rights issues in the "Statement of Additional Grounds" means that human rights issues were a "matter" which the Adjudicator was entitled, or was required, to consider under Section 85(4) and Section 86.
An appeal under section 83 must be brought on the grounds that removal of the appellant from the United Kingdom would breach the United Kingdom's obligations under the Refugee Convention.
(4) On an appeal under section 82(1) or 83(2) against a decision an adjudicator may consider evidence about any matter which he thinks relevant to the substance of the decision, including evidence which concerns a matter arising after the date of the decision.
(5) But in relation to an appeal under section 82(1) against refusal of entry clearance or refusal of a certificate of entitlement under section 10-
(a) subsection (4) shall not apply, and
(b) the adjudicator may consider only the circumstances appertaining at the time of the decision to refuse.
(our emphasis)
that the decision is lawful because it is incompatible with [the Claimant's] rights under the European Convention on Human Rights.
Decision:
The Secretary of State's appeal is ALLOWED.
Ms. D. K. GILL Date: 17th May 2004
Vice President