ON APPEAL FROM THE ASYLUM AND IMMIGRATION TRIBUNAL
[AIT No.HX/07792/2004]
Royal Courts of Justice
Strand
London, WC2
B E F O R E:
LORD JUSTICE WALL
LORD JUSTICE HOOPER
NS (Rwanda)
CLAIMANT/APPELLANT
- v -
SECRETARY OF STATE FOR THE HOME DEPARTMENT
DEFENDANT/RESPONDENT
(DAR Transcript of
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MR D BAZINI (instructed by Messrs Clore & Co) appeared on behalf of the Appellant.
THE RESPONDENT DID NOT APPEAR AND WAS NOT REPRESENTED.
J U D G M E N T
LORD JUSTICE WALL: My Lord, Lord Justice Hooper, and I have read the papers and I think we are minded to give you permission. We think that the best and most arguable point is the article 8 point, but I do not think we are minded to shut you out on the others, although we think they are less persuasive and no doubt that is the message that can be carried back. We are not going to formally restrict permission to appeal, but as we say, that is the point that strikes us as being the most arguable.
We tentatively take the view that this will take about two hours to argue. That, of course, excludes judgment. We think it should be a three-judge court. One of the judges of the three could be a High Court judge, as that facilitates the making of the constitution.
Order: Application granted.