leave to appealrecusalbiasinterlocutory judgmentreasonable prospects of success
Tags
leave to appealrecusalinterlocutory application
legislation
Statutes Cited
Immigration Act 1971
Nationality, Immigration and Asylum Act 2002
Human Rights Act 1998
European Convention on Human Rights
Immigration and Asylum Act 1999
Special Immigration Appeals Commission Act 1997
ai analysis
Case Summary
Key Issues
{"issue_text":"Whether applicant has reasonable prospects of success on appeal against the dismissal of recusal application","issue_type":"procedural","dispositive":"yes","related_facts":"Applicant's recusal application was dismissed for being based on erroneous legal principle"}
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background
Facts of the Case
Background
The applicant Jefat Chaganda, who was the 2nd accused in a criminal trial, sought leave to appeal against the dismissal of his application for the presiding judge's recusal. The recusal application had been dismissed on 14 January 2020, with the court finding it was based on an erroneous legal principle and fear of conviction rather than actual bias.
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