Display title | AM (Afghanistan) v SSHD [2017] EWCA Civ 1123 |
Default sort key | AM (Afghanistan) v SSHD (2017) EWCA Civ 1123 |
Page length (in bytes) | 1,481 |
Page ID | 10257 |
Page content language | en - English |
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Page creator | Jonathan (talk | contribs) |
Date of page creation | 20:29, 26 July 2019 |
Latest editor | Jonathan (talk | contribs) |
Date of latest edit | 23:32, 4 July 2023 |
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Article description: (description ) This attribute controls the content of the description and og:description elements. | In this judgment the Court of Appeal gave guidance on the general approach to be adopted in FTT and UT immigration and asylum cases to the fair determination of claims for asylum from children, young people and other incapacitated or vulnerable persons whose ability to effectively participate in proceedings may be limited. In relation to litigation friends, despite there being no provision in the tribunal rules for litigation friends, the court decided that: "[T]here is ample flexibility in the tribunal rules to permit a tribunal to appoint a litigation friend in the rare circumstance that the child or incapacitated adult would not be able to represent him/herself and obtain effective access to justice without such a step being taken. In the alternative, even if the tribunal rules are not broad enough to confer that power, the overriding objective in the context of natural justice requires the same conclusion to be reached." |