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About: E v Secretary of State for the Home Department     Goto   Sponge   NotDistinct   Permalink

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E v Secretary of State for the Home Department was a landmark Court of Appeal case of 2004 which significantly developed the doctrine of error of fact as a distinct ground which was taken in conjunction with the question of new evidence (or the most recent decision) being considered in order to establish the error. The case laid out in definitive terms the criteria for the court to review a finding of mistake of fact leading to unfairness. In establishing an error of fact according to the requirements, a duty was identified to consider a decision; in particular, the duty to reopen a matter or direct a rehearing. The question of new evidence produced after the hearing but before the decision date was considered within the context of the power of the Immigration Appeal Tribunal (IAT) to dire