Source: All England Reporter
Publisher Citation: [2005] All ER (D) 214 (Jul)
Court: Court of Appeal, Civil Division
Judge:

Pill LJ, Sir Peter Gibson and Rimer J
Representation Christopher Jacobs (instructed by Miles Hutchinson & Lithgow) for the claimant.
  Kieron Beal (instructed by the Treasury Solicitor) for the Secretary of State.
Judgment Dates: 15 July 2005

Catchwords

Immigration - Leave to enter - Refugee - Asylum - Human Rights claim - Fear of persecution from non-state agents - Refusal of claim - Whether tribunal having sufficiently considered medical reports and human rights violations - European Convention on Human Rights arts 3 and 8.

The Case

Where an immigration appeal tribunal had dismissed the claimant's appeal against the refusal of his application for asylum, the tribunal had been entitled to consider that the claimant should be returned to Serbia, and it had had sufficient regard to arts3 and 8 in reaching that determination. The tribunal had not erred in determining that there had been sufficient support for the claimant on his return and that the claimant had not pursued all available treatment for his depression.

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