Source: All England Reporter
Publisher Citation: [2012] All ER (D) 112 (Feb)
Neutral Citation: [2012] EWCA Civ 114
Court: Court of Appeal, Civil Division
Judge: Maurice Jay VP, McFarlane and Davis LJJ
Representation Manjit Gill QC and A Khan (instructed by Thompson & Co) for SC.
  Mark Mullins (instructed by Gillman Smith Lee) for SP and KK.
  Steven Kovats QC (instructed by Treasury Solicitor) for the Secretary of State.
Judgment Dates: 16 February 2012

Catchwords

Immigration - Asylum seeker - Appeal - Respondent North Korean nationals seeking asylum - Respondents all having lived in China in excess of ten years - Appellant Secretary of State refusing applications and determining return to South Korea being safe - Respondents appeals being allowed by Upper Tribunal (Immigration and Asylum Chamber) - Upper Tribunal finding respondents likely to have lost South Korean nationality due to time spent in China - Whether Upper Tribunal erring.

The Case

Immigration Asylum seeker. The Court of Appeal, Civil Division, in dismissing the Secretary of State's appeal, held that the essential finding of the Upper Tribunal (Immigration and Asylum Chamber), which had allowed the respondent asylum seekers' appeal, could not have been characterised as perverse or irrational. Further, it had been entitled to reach the conclusions that it had at the time that it had and, accordingly, there had been no legal error in its determination.

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