R v Immigration Appeal Tribunal, ex parte Wanyoike
| Jurisdiction | England & Wales |
| Judgment Date | 10 February 2000 |
| Date | 10 February 2000 |
| Court | Queen's Bench Division |
QUEEN'S BENCH DIVISION
Before Mr Justice Tucker
Immigration - decision by appeal tribunal - tribunal cannot rescind
The decision by a chairman of an immigration appeal tribunal whether to grant leave to appeal against a decision of a special adjudicator was a determination by a statutory tribunal which, once made, could not subsequently be rescinded or reviewed.
Mr Justice Tucker so held in the Queen's Bench Division on February 10, 2000 when dismissing an application by Miss Janet Wanyoike for judicial review of the decision by a chairman of an immigration appeal tribunal made on January 13, 1999 maintaining his refusal to grant the applicant leave to appeal against the determination of the special adjudicator dismissing her appeal from a refusal by the Secretary of State for the Home Department to grant the applicant asylum.
MR JUSTICE TUCKER said that the chairman of the tribunal, after refusing to grant leave to appeal, reconsidered that decision following discovery that due to an administrative error by the tribunal further grounds to the application had not been submitted to him. On consideration of those grounds he again refused leave.
His Lordship said that...
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