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You are here: BAILII >> Databases >> United Kingdom Asylum and Immigration Tribunal >> MA (Procedure Rules 48 (5) and 48 (6)) Pakistan [2004] UKIAT 00330 (31 December 2004) URL: https://www.bailii.org/uk/cases/UKIAT/2004/00330.html Cite as: [2004] UKIAT 330, [2004] UKIAT 00330 |
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MA (Procedure Rules 45 & 46) Pakistan
[2004] UKIAT
00330
Date of hearing: 22 October 2004
Date Determination notified: 31 December 2004
MA | APPELLANT |
and | |
Secretary of State for the Home Department | RESPONDENT |
"Whilst there may be individual cases in which it would be right for an Adjudicator to exclude material, or potentially material, evidence on which a party (normally the Appellant) wishes to rely by reason of the failure by that party to find or serve the evidence in time, nevertheless as a general principle, the requirement to ensure that justice is done in appeals requiring the most anxious scrutiny will in most cases outweigh the understandable desire on the part of the Immigration Appellate Authority to ensure that its directions and the provisions of the Procedure Rules are not flouted with impunity."
"Subject to Section 108 of the 2002 Act, an Adjudicator or the Tribunal must not take account of any evidence that has not been made available to all the parties."
D K ALLEN
VICE-PRESIDENT