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18 October 2007
Issue: 7293 / Categories: Case law , Law digest
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Immigration

RK (Algeria) v Secretary of State for the Home Department [2007] EWCA Civ 868, [2007] All ER (D) 100 (Oct)

(i) In an area such as asylum, in cases where important issues of credibility arise, a delay of over three months between hearing and determination would merit remittance for re-hearing unless, by reason of particular circumstances, it is clear that the eventual outcome of the application, whether by the same or a different route, has to be the same.

Substantial delay between the hearing and preparation of the determination renders the assessment of credibility issues unsafe and tends to undermine the loser’s confidence in the correctness of the decision once delivered.

(ii) Although decisions in asylum and immigration cases should, in principle, be based upon circumstances as they were at the time of the determination rather than at any earlier stage, there has to come a time at which the opportunity for judicial survey of up-to-date evidence stops.

Save in exceptional circumstances, it stops upon promulgation of the tribunal’s determination. It has therefore stopped by the time the case reaches the Court of Appeal.

Issue: 7293 / Categories: Case law , Law digest
printer mail-details

MOVERS & SHAKERS

EIP—Stuart Malcolm

EIP—Stuart Malcolm

EIP strengthens Commercial practice with a new partner

Ellisons—Francesca Brown

Ellisons—Francesca Brown

Ellisons welcomes Francesca Brown to Family team

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau strengthens Sheffield regulatory practice with new hires

NEWS
A wide-ranging Civil Way column highlights developments from insolvency procedure to employment law, but one case stands out for its lessons on bankruptcy, family homes and digital communications
A sprawling Intellectual Property Office battle between House of Fraser and Frasers Property has delivered a masterclass in modern trade mark law
Courts in England and Wales and Singapore are increasingly confronting complex disputes over international child relocation as families become more globally mobile
The government’s long-awaited family law reform consultation could mark a turning point for domestic abuse victims navigating financial remedy proceedings, but significant challenges remain
A new commercial court pilot giving the public access to documents used in hearings, including expert reports, is raising difficult questions about transparency and privacy
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