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Information for "AM (Afghanistan) v SSHD (2017) EWCA Civ 1123"

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Display titleAM (Afghanistan) v SSHD [2017] EWCA Civ 1123
Default sort keyAM (Afghanistan) v SSHD (2017) EWCA Civ 1123
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Page creatorJonathan (talk | contribs)
Date of page creation20:29, 26 July 2019
Latest editorJonathan (talk | contribs)
Date of latest edit23:32, 4 July 2023
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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."
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