MH (Sudan) v Secretary of State for the Home Department

[2006] EWCA Civ 1450

Summary

Permission to appeal may properly be granted where there is a real question whether the alleged error of law was made out. Where a second issue depends on the first, permission on that issue may be adjourned so the court hearing the substantive appeal can assess it in a clearer context.

Factual background

The claimant sought renewed permission to appeal after refusal on the papers. The first issue was whether the Asylum & Immigration Tribunal had been entitled to find an error of law in an adjudicator’s favourable decision and remit the case. The second concerned internal relocation of a Darfurian claimant to Khartoum and depended on the first issue.

Held

  1. Permission was granted on the first-stage issue because there was a real question whether the Home Office’s alleged error of law was made out, and whether any additional error could properly be identified.
  2. Permission on the internal-relocation issue was adjourned. If the first appeal succeeded, that issue would fall away; if it failed, the full court would be better placed to assess its viability.
  3. The application was granted, with liberty to apply.

The court’s approach to earlier authorities

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Appellate history

  • Court of Appeal (Civil Division): Renewed application granted after refusal of permission on the papers by Carnwath LJ.
  • Asylum & Immigration Tribunal: Found an error of law in an adjudicator’s favourable decision and sent the case to a second-stage appeal. AIT No. AS/13238/2004.

Appeal route

  1. Appealed fromNot stated in the judgmentThis appealapplication granted (first-stage permission granted; second-stage permission adjourned)
  2. This judgment [2006] EWCA Civ 1450 Court of Appeal (Civil Division)

Key cases cited

2 authorities cited.

  • HGMO (Relocation to Khartoum) Sudan CG [2006] UKAIT 00062
  • Januzi

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Cases citing this case

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