18 September 2008
TB (Jamaica) v Secretary of State for the Home Department [2008] EWCA Civ 977, [2008] All ER (D) 90 (Aug)
It would be wrong as a matter of principle if the secretary of state for the Home Department could circumvent the decision of an immigration appeal tribunal by an administrative decision. However, different considerations may apply where there is relevant fresh evidence that was not available at the date of the hearing, or a change in the law, and so this principle has no application where there is a change in circumstances or there are new events after the date of the decision.
