Deportation appeal determination - case of K

The Asylum and Immigration Tribunal judiciary has to make decisions according to the law. The law which had to be applied in this case related to deportation rules made in 1994. Although those rules were revised by the Government in July 2006, the decision in the case of K had to be based on the earlier rules.

The decision made by a three person panel (including the Tribunal's President) was on a reconsideration of a decision made by an Immigration Judge. The Panel's role is to reverse the earlier judge's decision only if that judgment contained an error in law. In this case the Panel concluded as follows:

"Having reviewed the determination carefully and closely, we are not convinced that the findings and conclusions of the Immigration Judge are either perverse or unreasonable. That is, in our view, the only basis upon which we can interfere with the decision in this case. Whilst we may ourselves not have reached the same conclusion, that in itself is not a ground upon which we can lawfully conclude there to have been a material error of law."