The Court of Appeal (Civil Division) handed down judgement in NR (Jamaica) v Secretary of State for the Home Department [2009] EWCA Civ 856 on the 5th August 2009. The appellant, who was subject to a deportation order issued by the Secretary of State, appealed a decision by the Asylum and Immigration Tribunal permitting the Secretary of State to withdraw concessions he had previously made, that if the appellant was a lesbian she would be at real risk on return to Jamaica and that the appellant was in a lesbian relationship. The appellant raised a second ground of appeal against the Tribunal’s finding that she did not have a lesbian identity.

Refusing the first ground of appeal and having discussed the guidance laid out in Carcabuk v Secretary of State for the Home Department (Unreported) 18 May 2000, the Court of Appeal held that the Tribunal was entitled to permit the withdrawal of the concessions. The Tribunal could in its discretion allow a concession to be withdrawn if there was a good reason in all the circumstances for that decision to be taken. The Tribunal should consider prejudice to the applicant and whether the application had been made in bad faith.

Allowing the appeal on the second ground, and remitting the case to a fresh Tribunal, the Court of Appeal held that the Tribunal had not given adequate consideration to the appellant’s sexual orientation at the time of the hearing.