||All England Reporter
|| All ER (D) 152 (Jan)
||Court of Appeal, Civil Division
Dyson LJ and Park J
||Danny Bazini (instructed by Irving & Co) for the applicant.
||Lisa Giovannetti (instructed by the Treasury Solicitor) for the Secretary of State.
||22 January 2002
Immigration - Appeal - Reasons for decision - Asylum - Applicant of mixed ethnicity - Immigration Appeal Tribunal finding no real risk of persecution of those of mixed ethnicity on basis of UNHCR report - Report silent as to area applicant would be returned to - Applicant's appearance marking him out as of mixed ethnicity - Whether tribunal in error in basing decision on UNHCR report and not expressly considering applicant's appearance.
On the facts of the instant case, the Immigration Appeal Tribunal had been entitled to base its decision not to allow the appeal of an applicant of mixed ethnicity applicant for asylum from Kosovo on a report of the United Nations High Commission on Refugees dealing with the situation in Kosovo regarding those of mixed-ethnicity, despite that report not specifically dealing with the area that the applicant would be returned to.
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