QUEEN'S BENCH DIVISION
THE ADMINISTRATIVE COURT
Strand London WC2A 2LL |
||
B e f o r e :
(Sitting as a High Court Judge)
____________________
THAPAR | Applicant | |
v | ||
UPPER TRIBUNAL (IMMIGRATION ASYLUM CHAMBER) | Respondent |
____________________
WordWave International Limited
A Merrill Communications Company
165 Fleet Street London EC4A 2DY
Tel No: 020 7404 1400 Fax No: 020 7404 1424
(Official Shorthand Writers to the Court)
The Respondent was not present and was not represented
Mr M Donmall (instructed by the Treasury Solicitors) appeared on behalf of the Interested Party
____________________
Crown Copyright ©
"I am unable to accept that the appellant has been the subject of domestic violence, as she claims."
It is that finding that is at the very heart of Ms Thapar's application today. Unless and until that finding is overturned or can be seen as having good prospects of being overturned on some legal basis, it is not, as I see it, possible for Ms Thapar to succeed, both in her appeal application today and any application for judicial review and in her subsequent further application for permission and in the appeal itself.
"The Immigration Judge considered the aspect of domestic violence according to the appellant's oral and documentary evidence from paragraphs 17-36. The Immigration Judge's conclusion that he was not able to find that the appellant had been subject to domestic violence on the basis of his consideration was open to him, and no arguable error of law arises. Whilst the Immigration Judge refers to the decision of Immigration Judge Taylor in March 2011, it is clear that the Immigration Judge carried out his own assessment on the evidence that was presented."
And in the Upper Tier Tribunal decision, the Upper Tier Tribunal Judge found as follows:
"The Judge took previous determinations as a starting point, as he was required to do, and found that there was nothing in the evidence to alter the previous findings that the appellant was not a victim of domestic violence."