“…l unfairness of requiring a party to re-litigate a point on which they have previously succeeded. These propositions were drawn from Devaseelan, Djebbar v SSHD [2004] EWCA Civ 804 and BK (Afghanistan).…”
“…Rose LJ noted that this guidance had been approved by this court in Djebbar v SSHD[2004] EWCA Civ 804. In Djebbar Judge LJ said at [40]: “… The great value of the guidance is that it invests the decision-making process in each individual fresh application with …”
“…The guidance was referred to with approval by the Court of Appeal in Djebbar v SSHD [2004] EWCA Civ 804, [2004] Imm AR 497 on the basis that it had not created any difficulty for or inconsistency among special adjudicators. Judge LJ, giving the judgment of the Co…”
“…ere subsequently approved by the Court of Appeal in the context of a second appeal by the same claimant in Djebbar v Secretary of State for the Home Department [2004] EWCA Civ 804, [2004] INLR 466. They were subsequently extended to cases which, although not involving the same parties, did involve a material overlap of evidence: Ocampo v…”
“…e form of issue estoppel or Ladd v Marshall test should apply is contrary to Court of Appeal authority. In Djebbar v Secretary of State for the Home Department [2004] EWCA Civ 804 Judge LJ (as he then was) at [30] said of the guidance in Devaseelan that “the most important feature of the guidance is that the fundamental obligation of eve…”