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15 November 2007
Issue: 7297 / Categories: Case law , Law digest
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IMMIGRATION

AA (Somalia) v Secretary of State for the Home Department [2007] EWCA Civ 1040, [2007] All ER (D) 395 (Oct)

The guidelines in Devaseelan v Secretary of State for the Home Department [2003] Imm AR 1 as to how a decision-maker in an asylum and human rights appeal should approach the findings of fact made by a previous decision-maker in the same case, is also applicable to cases involving different claimants where the claims involve materially overlapping evidence and arise out of the same factual matrix:

(i) the first adjudicator’s determination should always be the starting point;

(ii) facts personal to the claimant which were not brought to the first adjudicator’s attention should be treated with great circumspection;

(iii) if facts before the second adjudicator are not materially different from those put to the first adjudicator, and the claim was supported by essentially the same evidence, the second adjudicator should regard the issues as settled by the first adjudicator’s determination; and

(iv) the force of the reasoning underlying (ii) and (iii) is much reduced if there is a good reason why the claimant’s failure to adduce relevant evidence before the first adjudicator should not be held against him. Where the second appeal is by a different, albeit closely connected, party the second tribunal might be more readily persuaded that there was a good reason to revisit the earlier decision.
 

Issue: 7297 / Categories: Case law , Law digest
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MOVERS & SHAKERS

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
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