The Weekly Law Reports
[2019] 4 WLR 111
Court of Appeal
BK (Afghanistan)
v
Secretary of State for the Home Department
[2019] EWCA Civ 1358
2019 July 3; 30
Floyd, Baker, Rose LJJ
Practice— Tribunals— First–tier and Upper Tribunals— Party challenging evidential finding of tribunal in earlier proceedings on subsequent appeal to second tribunal— Proper approach to earlier evidential findings— Whether second tribunal only entitled to consider material post-dating earlier tribunal’s decision— Whether second tribunal entitled to remake earlier tribunal’s decision
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