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England and Wales Court of Appeal (Civil Division) Decisions
You are here: BAILII >> Databases >> England and Wales Court of Appeal (Civil Division) Decisions >> Mohammed, R (on the application of) v Immigration Appeal Tribunal & Anor  EWCA Civ 1911 (13 December 2002)
Cite as:  EWCA Civ 1911
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COURT OF APPEAL (CIVIL DIVISION)
ON APPEAL FROM THE HIGH COURT OF JUSTICE
QUEEN'S BENCH DIVISION
(Mr Justice Maurice Kay)
Friday, 13th December 2002
B e f o r e :
|IN THE MATTER OF AN APPLICATION FOR JUDICIAL REVIEW|
|on the application of Omar MOHAMMED|
|IMMIGRATION APPEAL TRIBUNAL|
|SECRETARY OF STATE FOR THE HOME DEPARTMENT|
Smith Bernal Reporting Limited
190 Fleet Street London EC4A 2AG
Tel: 020 7421 4040 Fax: 020 7831 8838
(Official Shorthand Writers to the Court)
Mr R Palmer (instructed by the Treasury Solicitor, London SW1) appeared on behalf of the Respondent.
Crown Copyright ©
LORD JUSTICE BROOKE:
"The Adjudicator has rejected the core of the applicant's claim for perfectly valid reasons set out in the determination. A Tribunal will not lightly set aside an Adjudicator's findings of fact where oral evidence has been given. The grounds amount to no more than a disagreement with the determination. No indication has been given of the relevance of any additional material nor as to the nature of that evidence."
Permission was refused because there was no likelihood of an appeal succeeding were permission to be granted. It is that decision of the Vice-President of the Immigration Appeal Tribunal which is challenged in these judicial review proceedings.
"The decision of the IAT refusing leave to appeal is not arguably perverse. Given the findings made by the Adjudicator starting at paragraph 43, no appeal to the Immigration Appeal Tribunal could possibly succeed."
"There is nothing in this case. The only ground of appeal put forward is that the adjudicator did not consider the medical report. But he plainly did."
He then quoted the paragraphs of the determination in which he referred to it. It may be as a result of Lord Justice Laws' observation that those grounds of appeal, which were the only grounds of appeal to this Court on the Court's papers, were abandoned and instead there was the wide-ranging challenge to the professionalism of the adjudicator as a specialist asylum judge which I heard today.