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England and Wales Court of Appeal (Civil Division) Decisions
You are here: BAILII >> Databases >> England and Wales Court of Appeal (Civil Division) Decisions >> Adewale v Secretary Of State For Home Department [2001] EWCA Civ 2089 (20 December 2001)
URL: http://www.bailii.org/ew/cases/EWCA/Civ/2001/2089.html
Cite as: [2001] EWCA Civ 2089
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IN THE COURT OF APPEAL (CIVIL DIVISION)
ON APPEAL FROM THE IMMIGRATION APPEAL TRIBUNAL
Strand London WC2 Thursday, 20th December 2001 |
||
B e f o r e :
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| ADEPOJU ADEWALE | Claimant | |
| - v - | ||
| SECRETARY OF STATE FOR THE HOME DEPARTMENT | Defendant |
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Smith Bernal International
190 Fleet Street, London EC4A 2AG
Telephone 020 7404 1400 Fax 020 7831 8838
(Official Shorthand Writers to the Court)
MISS L. GIOVANNETTI (instructed by the Treasury Solicitor) appeared on behalf of the Defendant.
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Crown Copyright ©
- LORD JUSTICE RIX: This is an application for permission to appeal on the part of Mr. Adewale from the determination of the Immigration Appeal Tribunal notified on the 4th July 2000.
- I am minded to grant permission to appeal and therefore I need say very little. I would merely indicate that the matter, which on paper came before Brooke L.J, led to him adjourning the application to this hearing on notice so that the question of whether the Nigerian police brutality of November 1999 which Mr. Adewale alleged could be investigated to see whether it had been raised before the tribunal or had been disclaimed.
- As a result of the adjournment and the further material put before the court, it is clear that that brutality had been raised and was before the tribunal and had not been disclaimed. Indeed a letter from the chairman of the tribunal, Mr. Rapinet, dated 9th October 2001, indicates that Mr. Adewale's allegations of police brutality of November 1999 had been accepted by the adjudicator. He then goes on to explain the reasoning of the tribunal.
- In the circumstances, like Brooke L.J., as indicated by his note of 14th September 2001, I am concerned that the matter of police brutality in November 1999, although touched on in a glancing reference, perhaps, in the tribunal's reasons at paragraph 8C, had been lost sight of by the time that the tribunal reached its conclusions.
- Given the importance of the subject matter of this appeal, I would grant permission to appeal.
Thursday, 20th December 2001