Mapah v Secretary of State for the Home Department, Court of Appeal - Administrative Court, February 25, 2003, [2003] EWHC 306 (Admin)

Reporting Judge: [2003] EWHC 306 (Admin)

President: Mapah v Secretary of State for the Home Department

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Extract

Mapah v Secretary of State for the Home Department, Court of Appeal - Administrative Court, February 25, 2003, [2003] EWHC 306 (Admin)

Case No: CO/1357/2002

Neutral Citation Number: [2003] EWHC 306 Admin

IN THE HIGH COURT OF JUSTICE

QUEENS BENCH DIVISION

ADMINISTRATIVE COURT

Royal Courts of Justice

Strand,

London, WC2A 2LL

Tuesday 25th February 2003

Before:

THE HONOURABLE MR JUSTICE PITCHFORD

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Between:

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(Transcript of the Handed Down Judgment of

Smith Bernal Wordwave Limited, 190 Fleet Street

London EC4A 2AG

Tel No: 020 7421 4040, Fax No: 020 7831 8838

Official Shorthand Writers to the Court)

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Mr Edward Fitzgerald QC & Mr Shahram Taghavi

(instructed by Anthony Louca) for the Claimant

Mr Gerard Clarke (instructed by The Treasury Solicitor) for the Defendant

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Judgment

As Approved by the Court

Mr Justice Pitchford:

1. The Claimant is a French speaking national of the Cameroon who has made application to the Secretary of State for the Home Department for asylum. On 17 October 2000 he was issued with a Statement of Evidence Form by the Immigration and Nationality Directorate in Croydon. The form was returned completed, enclosed together with documentary evidence, with a letter dated 24 October 2000 from the Claimant's solicitors.

2. On 5 March 2002 the Claimant was required by the Defendant to attend for interview in Liverpool at 10.00am on 20 March 2002. On 12 March Mr Pak Wai Hung of the Claimant's present solicitors, Anthony Louca, wrote for permission to make a tape recording of the interview. He would provide the equipment and sought only permission to use it. The Defendant was assured that the recording would neither disrupt the interview nor be audible. On the same day a letter was faxed offering the Defendant the alternative of providing the equipment.

3. On 19 March 2002 a senior caseworker at the Integrated Casework Directorate in Liverpool faxed a letter in reply in the following terms.

``Regarding your request to take recording equipment into Mr Mapah's asylum interview on 20 March 2002, I can confirm that this will not be allowed under current Home Office policy. The use of such equipment is currently being trialed and may be allowed at some time in the future, however a full written record will be made of your client's interview and both he and your...

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