Source: All England Reporter
Publisher Citation: [2001] All ER (D) 79 (Oct)
Court: Court of Appeal, Civil Division
Judge:

Judge, Jonathan Parker LJJ and Bodey J

Representation Anne-Marie Sheehan (instructed by Dozie & Co) for the applicant.
  Sam Grodzinski (instructed by the Treasury Solicitor) for the Secretary of State.
Judgment Dates: 5 October 2001

Catchwords

Immigration - Asylum - Appeal - Reason for decision - Applicant suffering torture and persecution before seeking asylum - Secretary of State and special adjudicator refusing applicant's claim for asylum - Immigration Appeal Tribunal finding change of circumstances in applicant's home country - Tribunal concluding no continuing risk to applicant and no well-founded fear of persecution upon return - Whether tribunal in error.

The Case

Where there was evidence before an Immigration Appeal Tribunal that there had been a major change of circumstances in an asylum seeker's home country, the tribunal had been entitled to conclude that the asylum seeker could not longer have a well-founded fear of persecution if she were to return, despite the ill-treatment she had suffered in the past.

Practice Areas

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