DK (Serbia) v Secretary of State for the Home Department [2006] EWCA Civ 1747, [2006] All ER (D) 312 (Dec)
The Court of Appeal gave guidance about the scope of a reconsideration by the Asylum and Immigration Tribunal of its own decisions under s 103A of the Nationality, Immigration and Asylum Act 2002, and the procedure to be adopted:
(i) It should normally be restricted to those grounds upon which the immigration judge ordered reconsideration, and any point which properly falls within the category of an obvious or manifest point of European Convention on Human Rights jurisprudence. It will be the exception, rather than the rule, that a tribunal will permit other grounds to be argued.
(ii) A body asked to reconsider a decision on the ground of any identified error of law approaches its reconsideration on the basis that any factual findings and conclusions arising from those findings which are
unaffected by the error of law need not be revisited.
(iii) Reconsideration should be dealt with at one hearing, unless good reason is shown to the contrary.
