The Court of Appeal has handed down judgment in the landmark case of Akbar  EWCA 16 on statutory appeals under the Immigration, Asylum and Nationality Act 2006. James Chegwidden (2008) of Old Square, appearing unled, was successful on behalf of the Home Secretary in persuading the Court (Arden and McFarlane LLJ, Cranston J) that in such statutory appeals, although appeal was by way of re-hearing as per a statutory right, the burden remains upon the Appellant employer to establish a prima facie case. For that reason, a County Court judge erred where he allowed an employer’s appeal without properly considering whether the employer had proved its case, but instead decided the appeal purely on alleged procedural faults of the respondent Home Secretary. Additionally, the Court of Appeal confirmed that appeals from the County Court in such circumstances would constitute second appeals; and offered some observations as to proportionality and seriousness in case management decisions where one party may be in breach of an order without fault on its part.
James was instructed by Gary Howell at the Government Legal Department.
To read the judgment, please click here.
Akbar, james chegwidden, coart of appeal, home secretary