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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

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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