Clarification of Court of Appeal's jurisdiction to remit cases to AIT

22/02/2006

Hatungimana v SSHD [2006] All ER (D) 281 (Feb)

Court of Appeal - Jurisdiction - Appeal from asylum and immigration tribunal - Permission to appeal - Whether Court of Appeal having jurisdiction at hearing of permission to appeal to remit case to tribunal for supplementary reasons.

Heard at the Court of Appeal on 21/02/2006.

This case sought to clarify whether the Court of Appeal had, at the stage of applying for permission to appeal, jurisdiction to remit a case to the AIT for further reasoning.

The appeal was allowed and found the following:

(1) The Court of Appeal did not have, at the stage of applying for permission to appeal, jurisdiction to remit a case to the AIT to supplement its reasons.

Although there was such a power in employment cases, the statutory scheme regulating the Employment Appeal Tribunal was different from that regulating the AIT and there was no equivalent power in respect of the latter.
Barke v SEETEC Business Technology Centre Ltd [2005] All ER (D) 216 (May) distinguished.

(2) On the facts, the AIT had failed to deal adequately with the expert report on which the claimant had relied.

The reasoning had been insufficient. The claimant was an intelligent person who was entitled to know why her case had failed.

The case would be remitted to the AIT.