||All England Reporter
|| All ER (D) 74 (Jan)
||Court of Appeal, Civil Division
Aldous, Keene LJJ and Sir Christopher Slade
||Nicholas Nicol (instructed by Lawrence Lupin) for the applicant.
||Lisa Giovannetti (instructed by the Treasury Solicitor) for the Secretary of State.
||16 January 2002
Immigration - Appeal - Reasons for decision - Asylum - Secretary of State refusing claim for asylum - Special adjudicator dismissing appeal against refusal - Immigration Appeal Tribunal finding that applicant not at risk of persecution - Whether tribunal in error.
Whilst there was evidence as to the persecution of persons of mixed ethnic origin by Albanians in Kosovo, it had not been established that there was persecution of all such persons. The risk of persecution depended on the circumstances and facts of each individual case. In the instant case, the immigration appeals tribunal had been entitled to conclude that the applicant was not at risk of persecution because of his mixed ethnic origin.
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