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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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]
(...considering error of fact as a ground of appeal for ″error of law″)
...discussing IAT′s power to direct a rehearing.
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.