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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 >> Atugonza v Secretary Of State For Home Department [2002] EWCA Civ 1585 (10 October 2002)
URL: http://www.bailii.org/ew/cases/EWCA/Civ/2002/1585.html
Cite as: [2002] EWCA Civ 1585
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IN THE COURT OF APPEAL (CIVIL DIVISION)
APPLICATION FOR PERMISSION TO APPEAL
AND AN EXTENSION OF TIME
Strand London, WC2 Thursday, 10 October 2002 |
||
B e f o r e :
LORD JUSTICE KEENE
____________________
| ATUGONZA | Applicant | |
| -v- | ||
| SECRETARY OF STATE FOR THE HOME DEPARTMENT | Respondent |
____________________
Smith Bernal Wordwave Limited
190 Fleet Street, London EC4A 2AG
Tel No: 020 7404 1400 Fax No: 020 7831 8838
(Official Shorthand Writers to the Court)
The respondent was not represented and did not attend
____________________
Crown Copyright ©
- LORD JUSTICE KEENE: Since the court is proposing to give permission to appeal in this case, I do not intend to give a lengthy judgment, merely to give the basis on which we have come to the conclusion that this appeal is properly arguable.
- It seems to me that the grounds raised in the appellant's notice are ones that put forward matters which require the attention of the full court. In particular, it is properly arguable that the appeal tribunal here did not grapple properly with the issue on which leave to appeal had been granted, namely whether the adjudicator could properly find on the evidence that there was an absence of a real risk of persecution on return. The point is made in the appellant's notice that the Immigration Appeal Tribunal seek to deal with that in a matter of two or three sentences and, effectively, fail to give any rational explanation for rejecting that ground.
- On that footing I am prepared to grant permission to appeal in this case.
- LORD JUSTICE KENNEDY: I agree.