Possible warning for tribunal?

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Quick post to flag up a piece over on the HJT Training blog which may be of interest to Free Movement readers. It concerns a case where the High Court deals with the effect of a tribunal determination on those who were not parties to the case. In short, the effect is: non-existent. A finding on the age of an appellant in a tribunal determination cannot bind other parties, such as social services departments. Country Guideline cases have effectively been granted a special exemption by the Court of Appeal from this general rule, but other cases where the tribunal attempts to reach a universally binding determination, such as the Cambridge College of Learning test case, have not received any such approval.

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The Free Movement blog was founded in 2007 by Colin Yeo, a barrister at Garden Court Chambers specialising in immigration law. The blog provides updates and commentary on immigration and asylum law by a variety of authors.

Comments

One Response

Provincial PO says:
21 December 2010 at 2:56 pm
They’ll just have to star NA then.
To be honest, even if not binding, findings in a detailed decision like NA are going to be highly persuasive and few IJs beyond the barking mad ones are likely to give a CCOL student the benefit of the ‘doubt’.
Do you seriously believe that anyone who claimed to study PgDips in IT or Business are genuine?
I had another one in court today, who openly admitted that even those who did turn up to classes, just sat there because there was no-one to teach the non-existant course.

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