||All England Reporter
|| All ER (D) 93 (Jan)
||Court of Appeal, Civil Division
Sedley, Hooper and Rimer LJJ
||David Jones (instructed by Halliday Reeves Solicitors) for the claimant.
||Parishil Patel (instructed by the Treasury Solicitor) for the Secretary of State.
||18 January 2008
Immigration - Asylum seeker - Appeal - Claimant converting to Christian faith from Islam - Claimant's further application for leave to remain refused - Claimant appealing to Asylum and Immigration Tribunal on grounds of persecution if returned due to his conversion - Immigration judge dismissing appeal - Senior immigration judge upholding that decision - Whether senior immigration judge erring.
Where the defendant, an Afghan citizen of Muslim upbringing, converted to the Christian faith, and had been refused leave to remain in the United Kingdom and had his appeal hearings dismissed, the senior immigration judge's findings that there was no risk on return to converts was wholly untenable and perverse. Moreover, the immigration judge had given insufficient consideration to the material before him. Accordingly, the case would be remitted for reconsideration by a different judge.
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