Source: All England Reporter
Publisher Citation: [2007] All ER (D) 306 (Jan)
Court: Court of Appeal, Civil Division
Judge:

Lord Phillips of Worth Matravers CJ, Scott Baker and Thomas LJJ
Representation Amanda Weston (instructed by Browell Smith, Newcastle) for the claimant.
  Matthew Barnes (instructed by the Treasury Solicitor) for the Secretary of State.
Judgment Dates: 31 January 2007

Catchwords

Immigration - Leave to enter - Refugee - Asylum - Internal relocation reasonable alternative to asylum - Asylum Immigration Tribunal reversing immigration judge's decision that internal relocation option not available to claimant - Whether evidential basis for immigration judge's decision - Whether appeal tribunal in error in failing to consider reasonableness of relocation.

The Case

The Asylum and Immigration Tribunal had been entitled to reverse the immigration judge's decision, allowing the claimant's appeal against the refusal of asylum, since there had been no evidential basis for the immigration judge's conclusion that if the claimant relocated to another part of Guinea, her whereabouts would come to the attention of her family, who would kill her. The issue of the reasonableness of internal relocation had not been raised below, and it could not be raised now, on what was an appeal from the tribunal on a point of law.

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