Source: All England Reporter
Publisher Citation: [2005] All ER (D) 113 (Oct)
Neutral Citation: [2005] EWCA Civ 1182
Court: Court of Appeal, Civil Division
Judge:

Sir Mark Potter P, Keene and Scott Baker LJJ

Representation Simon Cox (instructed by Harrison Bundey) for the appellant.
  Lisa Giovannini (instructed by the Treasury Solicitor) for the respondent.
Judgment Dates: 12 October 2005

Catchwords

Immigration - Refugee - Asylum - Deportation - Removal directions not issued - Right of appeal - , Immigration and Asylum Act 2002, s 82.

The Case

The claimant's appeal failed because no removal directions had been set. The method of return to the claimant's home area and the route which would be taken in pursuance of such directions were wholly unknown. In such circumstances the claimant was in no position to establish either a well-founded fear of persecution or a risk amounting to a breach of the European Convention on Human Rights, arising solely as a consequence of the method or route of return to his home area.

Practice Areas

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