Source: All England Reporter
Publisher Citation: [2006] All ER (D) 189 (Oct)
Neutral Citation: [2006] EWCA Civ 1342
Court: Court of Appeal, Civil Division
Judge:

Rix, Hooper, Hughes LJJ
Representation Frances Webber and Ronan Toal (instructed by Wilson & Co) for the first claimant.
  Frances Webber and Femi Omere (instructed by Wilson & Co) for the second claimant.
  Becket Bedford (instructed by Sultan Lloyd, Birmingham) for the third claimant.
  Robert Jay QC and Kristina Stern (instructed by the Treasury Solicitor) for the Secretary of State.
Judgment Dates: 17 October 2006

Catchwords

Immigration - Refugee - Asylum - Deportation - Claimants arguing that they faced a real risk of ill-treatment at airport after return and during journey from airport to homes - Whether Asylum and Immigration Tribunal obliged to consider question of ill-treatment at airport or travel from home to airport.

The Case

Where the claimants argued that if they were returned to Somalia there was a real risk of persecution or ill-treatment at the airport on arrival, or on their journey home from the airport, the proposition that the Asylum and Immigration Tribunal was never obliged to consider that possibility was wrong. However, it was impossible for immigration judges in cases involving the safety of arrival at an airport, and of a journey from the airport, to deal with all eventualities at the time of the hearing, and an immigration judge was entitled to assume, for the purposes of the hearing before him or her, that what was required to be done on return to prevent a real risk of ill-treatment would be done.

Practice Areas

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