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Immigration – Asylum seeker. The defendant Secretary of State decided that the claimant Chinese national had not basis of stay in the United Kingdom. The claimant sought judicial review of that decision. Before the hearing, the Secretary of State made very late disclosure of material including case record sheets (the records). Allowing the claim, the Administrative Court held that there had been an inconsistency between the information in the records and the Secretary of State's conclusions in her decision letter regarding the claimant's co-operation, reporting record and conduct at the reporting centres. That inconsistency had suggested that in concluding as she had done, the Secretary of State had taken into account matters which had essentially not been supported by the documentary evidence available to her and as such had made a material error.
Immigration – Asylum seeker. The defendant Secretary of State decided that the claimant Chinese national had not basis of stay in the United Kingdom. The claimant sought judicial review of that decision. Before the hearing, the Secretary of State made very late disclosure of material including case record sheets (the records). Allowing the claim, the Administrative Court held that there had been an inconsistency between the information in the records and the Secretary of State's conclusions in her decision letter regarding the claimant's co-operation, reporting record and conduct at the reporting centres. That inconsistency had suggested that in concluding as she had done, the Secretary of State had taken into account matters which had essentially not been supported by the documentary evidence available to her and as such had made a material error.
The Chair of the Bar reports back
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