LIU BI XIA and Entry Clearance Officer, Gangzhou
| Jurisdiction | Northern Ireland |
| Judge | Nicholson LJ |
| Judgment Date | 22 March 2002 |
| Neutral Citation | [2002] NICA 19 |
| Court | Court of Appeal (Northern Ireland) |
| Date | 22 March 2002 |
1
Neutral Citation No. (2002) NICA 19
Judgment: approved by the Court for handing down
(subject to editorial corrections)
IN HER MAJESTY’S COURT OF APPEAL IN NORTHERN IRELAND
__________
BETWEEN:
LIU BI XIA
(Applicant)Appellant
and
ENTRY CLEARANCE OFFICER, GANGZHOU
(Respondent)Respondent
__________
NICHOLSON LJ
A. Introduction
This is an appeal by Liu Bi Xia (“the appellant”) against the decision of the
Immigration Appeal Tribunal (“the tribunal”) notified on 11 October 2001 under
Schedule 4 of the Immigration and Asylum Act 1999 (“the 1999 Act”). The appeal
raises the issue whether rule 128(iii) of the Immigration Rules (HC 395) requires an
adjudicator under the 1999 Act to act on “objective” evidence in addition to
“subjective” evidence so as to determine whether a person is capable of undertaking
the employment described in his or her work permit.
Ref: NICC3625
Delivered: 22.03.2002
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Cushnahan (Francis) v British Broadcasting Corporation & Adams (Jeremy)
...section 4(2) if the “other proceedings”, that is the criminal proceedings against the plaintiff, were pending or imminent. In R v Lees [2002] NICA 19 the Court of Appeal stated that “proceedings cannot be regarded as pending until they have been commenced.” No criminal proceedings have been......
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...the 1999 Act were to the Court of Appeal and were dealt with in the Court of Appeal in Northern Ireland as in Liu Bi Xia’s Application [2002] NICA 19. Such appeals to the Court of Appeal were provided for by paragraph 23 of Schedule 4 of the 1999 Act, which was in terms similar to section 1......