Source: All England Reporter
Publisher Citation: [2003] All ER (D) 229 (Jun)
Court: Court of Appeal, Civil Division
Judge:

Lord Phillips MR, Simon Brown and Ward LJJ
Representation Melanie Plimmer (instructed by A S Law, Liverpool) for the applicant.
  Philippa Whipple (instructed by the Treasury Solicitor) for the Secretary of State.
Judgment Dates: 18 June 2003

Catchwords

Immigration - Asylum - Fear of persecution - Evidence - Immigration appeal tribunal finding applicant not at risk of persecution if returned - Adequacy of consideration of evidence - Correctness of decision.

The Case

Every asylum case had to be judged on its individual facts and an assessment made as to whether that particular applicant faced a real risk of persecution if returned. In the instant case, despite a press release and letter from the UNHCR concerning the risk that acts of violence and torture were being committed against all those opposed to the re-election of President Mugabe in Zimbabwe, the Immigration Appeal Tribunal had been entitled to find that the applicant had been a low profile member of a minor and insignificant opposition party, so that she did not face the risk of persecution if returned to Zimbabwe.

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