VH (Malawi) v The Secretary Od State for the Home Department

[2008] EWCA Civ 220

Summary

Permission to appeal may be granted where the proposed arguments have real prospects of success. The Court of Appeal granted permission on that basis, without delivering a reasoned judgment on the merits.

Factual background

The appellant sought permission to appeal from the Asylum and Immigration Tribunal. The respondent did not appear or have representation. Lord Justice Dyson considered the arguments in the appellant’s skeleton argument and determined that they had real prospects of success. The issue was whether permission to appeal should be granted.

Held

Lord Justice Dyson stated that he would grant permission to appeal because the arguments advanced in the appellant’s skeleton argument of 28 January 2008 had real prospects of success. He expressly declined to give a judgment and provided no determination of the merits of the underlying immigration appeal.

Order: Application granted.

The court’s approach to earlier authorities

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Appellate history

  • Court of Appeal (Civil Division): On appeal from the Asylum and Immigration Tribunal, permission to appeal was granted.

Appeal route

  1. Appealed fromNot stated in the judgmentThis appealapplication granted (permission to appeal granted)
  2. This judgment [2008] EWCA Civ 220 Court of Appeal (Civil Division)

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Cases citing this case

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