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XL (China) v Secretary of State for the Home Department. [2010] EWCA Civ 575 Court of Appeal (Civil Division)

DATE: 07 May 2010

The tribunal erred in law in ordering a reconsideration of  the Appellant's  appeal. The immigration judge had been entitled to reach the decision that he did on the evidence that was before him. It was clear that he had had regard to the secretary of state’s reasons for refusing the Appellant's claims in coming to the decision that he did and that he had properly directed himself on the burden and standard of proof, R (Iran) v Secretary of State for the Home Department [2005] EWCA Civ 982, [2005] Imm. A.R. 535 and AT (Guinea) v Secretary of State for the Home Department [2006] EWCA Civ 1889, [2007] Imm. A.R. 481 applied.