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.
