Source: All England Reporter
Publisher Citation: [2007] All ER (D) 21 (Jul)
Court: Court of Appeal, Civil Division
Judge:

Ward, Thomas and Richards LJJ
Representation Nicholas Armstrong (instructed by Wilson & Co) for the claimant.
  Charles Bourne (instructed by the Treasury Solicitor) for the Secretary of State.
Judgment Dates: 2 July 2007

Catchwords

Immigration - Leave to enter - Refugee - Asylum - Kosovan man claiming fear of persecution on account of ethnicity - Adjudicator rejecting claimant's claim - Asylum and Immigration Tribunal dismissing appeal on reconsideration - Whether error of fact in adjudicator's decision.

The Case

Immigration Leave to enter. In the instant case, the claimant who was a citizen of Kosovo and of Roma origin claimed asylum on the basis of ethnicity. Where the adjudicator had accepted that he had been attacked, but rejected his claim on the basis that he could not be identified by his ethnicity, the immigration judge, on appeal, had not departed from the adjudicator's factual finding in dismissing his claim.

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