Source: All England Reporter
Publisher Citation: [2002] All ER (D) 74 (Jan)
Court: Court of Appeal, Civil Division

Aldous, Keene LJJ and Sir Christopher Slade

Representation Nicholas Nicol (instructed by Lawrence Lupin) for the applicant.
  Lisa Giovannetti (instructed by the Treasury Solicitor) for the Secretary of State.
Judgment Dates: 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.

The Case

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.

Practice Areas

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