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

[2008] EWCA Civ 220

Case details

Case citations
[2008] EWCA Civ 220
Court
Court of Appeal (Civil Division)
Judgment date
29 January 2008
Judgment text

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Subjects
Immigration Civil procedure Permission to appeal
Keywords
permission to appeal real prospects of success Asylum and Immigration Tribunal immigration appeal appellate procedure
Outcome
application granted (permission to appeal granted)
Judicial consideration

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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.

Lower court decision

Judgment appealed:
Not stated in the judgment
Outcome:
application granted (permission to appeal granted)

Key cases cited

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Cases citing this case

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