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England and Wales Court of Appeal (Civil Division) Decisions
You are here: BAILII >> Databases >> England and Wales Court of Appeal (Civil Division) Decisions >> Secretary Of State For Home Department v Koncek [2001] EWCA Civ 1350 (25 July 2001)
URL: http://www.bailii.org/ew/cases/EWCA/Civ/2001/1350.html
Cite as: [2001] EWCA Civ 1350

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Neutral Citation Number: [2001] EWCA Civ 1350
No: C/2001/1186

IN THE SUPREME COURT OF JUDICATURE
IN THE COURT OF APPEAL (CIVIL DIVISION)
APPLICATION FOR PERMISSION TO APPEAL

Royal Courts of Justice
Strand
London WC2
Wednesday, 25th July 2001

B e f o r e :

LORD JUSTICE BUXTON
____________________

SECRETARY OF STATE FOR THE HOME DEPARTMENT
- v -
KONCEK

____________________

(Computer Aided Transcript of the Palantype Notes of
Smith Bernal Reporting Limited, 180 Fleet Street,
London EC4A 2HD
Tel: 0171 831 3183
Official Shorthand Writers to the Court)

____________________

MR SOORJOO (Instructed by Bindman & Partners of London) appeared on behalf of the Appellant
MR WILKEN (Instructed by Treasury Solicitor) appeared on behalf of the Respondent
____________________

HTML VERSION OF JUDGMENT
____________________

Crown Copyright ©

  1. LORD JUSTICE BUXTON: This is a permission application in which, having had the benefit of further submissions by the applicant,and extremely fair and helpful submissions on paper and orally by Mr Wilken for the Secretary of State, I feel constrained to grant permission.

  2. The matters that are of concern to me were set out in the written directions that I gave on 27th June. To summarise them, first, I am not at the moment satisfied that it was open to the tribunal to rely upon the material that it did apparently rely on with regard to sufficiency of state protection without ventilating that material with the parties: which it appears it did not do. Secondly, the ground upon which the tribunal also decided the matter in paragraph 17 of its determination would, if it was properly before the tribunal as a matter of pleading (to put it technically), rather than any submissions would have been conclusive. I am not satisfied that the ground was sufficiently laid for the tribunal to deal with that point. I feel constrained to grant permission for this appeal to be pursued. Respondent's notice - 28 days.

  3. MR WILKEN: Yes.

  4. LORD JUSTICE BUXTON: I am sure you can do it more quickly than that. The appeal is suitable to be heard by a court of two Lords Justices and suitable to be put in the short warned list. Mr Soorjoo, would you like legal aid taxation?

  5. MR SOORJOO: Yes.

    6. Order: Application allowed with a legal aid taxation

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URL: http://www.bailii.org/ew/cases/EWCA/Civ/2001/1350.html