Hearings
England & Wales
18 Nov 2022 [2022] EWCA Civ 1512; [2023] 4 WLR 12; [2023] 3 All ER 319; [2022] WLR(D) 454; The Times, 16 January 2023, CA (Underhill, Nicola Davies, Stuart-Smith LJJ)
AEB v Secretary of State for the Home Department
Subject Matter
TRIBUNAL — First-tier Tribunal and Upper Tribunals — Practice and procedure — Secretary of State making deportation order against offender following conviction of criminal offence — First-tier Tribunal dismissing offender’s appeal having refused application for adjournment — Upper Tribunal finding allowing appeal on basis offender deprived of fair hearing — Upper Tribunal remaking decision and dismissing offender’s appeal — Whether Upper Tribunal erring in remaking decision — Proper approach to question of remittal to First-tier Tribunal following successful appeal to Upper Tribunal
[2022] EWCA Civ 1512; [2023] 4 WLR 12; [2023] 3 All ER 319; [2022] WLR(D) 454; The Times, 16 January 2023, CA
Commentary
Free Movement
Procedural errors should be remitted says Court of Appeal
Case comment