R (on the application of SS (Sri Lanka)) v Secretary of State for the Home Department

Immigration – Appeal. In First-tier Tribunal (Immigration and Asylum Chamber) (FTT) cases where the appellant's credibility was in issue, there was no rule that a delay of more than three months rendered the decision unsafe. The Court of Appeal, Civil Division, held that the correct approach was to ask whether the delay had caused the decision to be unsafe so that it would be unjust to let it stand and the only significance of the fact of delay in an asylum case was that the Upper Tribunal (Immigration and Asylum Chamber) should examine the FTT's factual findings with particular care to ensure that it had not caused injustice.

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