This website uses cookies to ensure you get the best experience on our website. Learn more

E v Secretary of State for the Home Department [2004] EWCA Civ 49

By Oxbridge Law TeamUpdated 04/01/2024 07:01

Judgement for the case E v Secretary of State for the Home Department

Table Of Contents

  • This case involved appeals by asylum seekers requesting to stay in the UK on the grounds that they would be persecuted if they returned home, the Immigration Appeals Tribunal (AIT) rejecting their requests.

  • One issue arising in this case was the fact that new evidence supporting Plaintiff’s claim had come to light after the hearing at the Special Immigration Appeals Tribunal but before judgment was promulgated, but the IAT refused to take it into account.

  • Plaintiff appealed when he lost his hearing at AIT.

  • This was not the main issue here, so that CA didn’t have to decide on it directly. However note the comments of Carnwath LJ (delivering the court’s judgment): 

Carnwath LJ

The time has now come to accept that a mistake of fact giving rise to unfairness is a separate head of challenge in an appeal on a point of law, at least in those statutory contexts where the parties share an interest in cooperating to achieve the correct result [as is the case in CICB]. Asylum law is undoubtedly such an area.

  • In order to find unfairness there has to be:

    1. A mistake as to an existing fact;

    2. The fact must have been “established” i.e. objectively verifiable;

    3. The appellant mustn’t have been responsible for the mistake; and

    4. The mistake must have played a material (though not necessarily decisive) role in the tribunal’s decision. 

Any comments or edits about this case? Get in touch

For Further Study on E v Secretary of State for the Home Department

Administrative Law Notes
1,167 total pages
436 purchased

Administrative Law notes fully updated for recent exams at Oxford and C...

Criminal Justice, Security, & Human Rights Notes
440 total pages
12 purchased

A collection of the best BCL notes the director of Oxbridge Notes (an O...

Need instant answers? Our AI exam tutor is here to help.

Ask questions 🙋 Get answers 📔 It's simple 👁️👄👁️

Our AI is educated by the highest scoring students across all subjects and schools. Join hundreds of your peers today.

Get Started
Claim every advantage to get a first in law
Administrative Law Notes
1,167 total pages
436 purchased

Administrative Law notes fully updated for recent exams at Oxford and C...