20 October 2017
Visa Joy Ltd and another v Office of the Immigration Services Commissioner [2017] EWCA Civ 1473, [2017] All ER (D) 51 (Oct)
When conducting an appeal from an administrative decision-maker, a tribunal was entitled to take account of matters that had not been relied upon by the original decision-maker. The Court of Appeal, Civil Division, in dismissing the appellants’ appeals, further held that the approach taken in AE v Commissioner for Immigration Services for Immigration Services (Immigration Services: all) ([2015] UKUT 450 (AAC)), to the effect that it was not a function of the tribunal to re-examine the merits of complaints or otherwise go behind the defendant’s finding, was wrong.
