| Source: | All England Reporter |
| Publisher Citation: | [2001] All ER (D) 32 (Apr) |
| Court: | Administrative Court |
| Judge: | Stanley Burnton J |
| Representation | Stephanie Harrison (instructed by Percy Short & Cuthbert) for G. |
| Khawar Qureshi (instructed by the Treasury Solicitor) for the Secretary of State. | |
| Judgment Dates: | 4 April 2001 |
Catchwords
Immigration - Appeal - Reasons for decision - Asylum - Applicant claiming persecution for imputed political opinion - Secretary of State refusing claim for asylum - Special adjudicator dismissing appeal against refusal - Secretary of State certifying claim not falling within Geneva Convention - Whether error of law in certification - Asylum and Immigration Appeal Act 1993, sch 2, para 5(4)(a).
The Case
The question whether a claim showed a fear of persecution, for the purposes of para5(4)(a) of Sch2 to the Asylum and Immigration Appeal Act 1993, depended solely on the content of the clam. A claim which asserted that the asylum seeker had a fear of persecution based on facts which, if true, would involve Convention grounds was a claim which 'shows a fear of persecution' on such grounds.
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