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Ahmed v Secretary of State for the Home Department

Unless an asylum appeal was remitted by the Immigration Appeal Tribunal for reconsideration on a very specific and limited basis, there was no assumption that the immigration judge could not hear evidence or go behind an adjudicator’s findings of credibility made in favour of the asylum-seeker.

10 March 2006

C appealed against a decision of the Asylum and Immigration Tribunal dismissing her appeal against the refusal of her asylum claim. C, a Sudanese citizen, arrived in the UK and claimed asylum. C claimed she feared persecution in her native country as she was a member of the Massaleit tribe, was of mixed race and had been arrested and detained on two occasions. The Secretary of State refused her claim and an adjudicator dismissed her appeal, but made positive findings as to her credibility. Her appeal to the Immigration Appeal Tribunal was allowed and the matter remitted to a different adjudicator for reconsideration. The legislative system in relation to the hearing of remitted appeals was altered prior to the re-hearing of C’s remitted appeal, and the matter was considered by an immigration judge of the AIT. The AIT dismissed the remitted appeal and, contrary to the findings of the adjudicator, held that C was not a credible witness. C contended that the AIT was not entitled to r...

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