| E v Secretary of State for the Home Department | |
|---|---|
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| Court | Court of Appeal (civil division) |
| Decided | 2 February 2004 |
| Citations | E v Secretary of State for the Home Department [2004] EWCA Civ 49 (2 February 2004), Court of Appeal (England and Wales) |
| Case history | |
| Appealed from | Immigration Appeal Tribunal |
| Court membership | |
| Judges sitting | |
| Case opinions | |
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| Keywords | |
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E v Secretary of State for the Home Department was a landmark Court of Appeal case of 2004 which significantly developed the doctrine of error of fact as a distinct ground which was taken in conjunction with the question of new evidence (or the most recent decision) being considered in order to establish the error.[2][3] The case laid out in definitive terms the criteria for the court to review a finding of mistake of fact leading to unfairness.[4][5] In establishing an error of fact according to the requirements, a duty was identified to consider a decision; in particular, the duty to reopen a matter or direct a rehearing.[6] The question of new evidence produced after the hearing but before the decision date was considered within the context of the power of the Immigration Appeal Tribunal (IAT) to direct a rehearing.[7]
- ^ Nationality, Immigration and Asylum Act 2002
- ^ E v Secretary of State for the Home Department, 49 QB 1044 (EWCA (Civ) 2004).
- ^ Swarbrick, David (7 April 2019). "E v Secretary of State for the Home Department: CA 2 Feb 2004". Swarb.co.uk. Retrieved 14 April 2020.
- ^ Fordham, Michael (July 2012). "<P49.2.2>". Judicial Review Handbook (Sixth ed.). Oxford: Hart Publishing Ltd. p. 510. ISBN 9781849461597.
(...considering error of fact as a ground of appeal for ″error of law″)
- ^ E v Secretary of State for the Home Department, 49 QB 1044, 66 (EWCA (Civ) 2004) ("In our view, the time has now come to accept that a mistake of fact giving rise to unfairness is a separate head of challenge in an appeal on a point of law...").
- ^ Fordham, Michael (July 2012). "<6.1.7>". Judicial Review Handbook (Sixth ed.). Oxford: Hart Publishing Ltd. p. 66. ISBN 9781849461597.
...discussing IAT′s power to direct a rehearing.
- ^ Lidbetter, Andrew; Zar, Nusrat; Condliffe, Anna (19 November 2009). "Challenging a decision for mistake of fact". lexology.com. Herbert Smith Freehills LLP. Retrieved 20 April 2020.
It has been clear since the Court of Appeal′s decision in E v Secretary of State for the Home Department [2004] EWCA Civ 49 that mistake of fact giving rise to unfairness can be a separate head of challenge.