Source: All England Reporter
Publisher Citation: [2002] All ER (D) 203 (Mar)
Neutral Citation: [2002] EWCA Civ 314
Court: Court of Appeal, Civil Division
Judge:

Schiemann, May and Jonathan Parker LJJ

Representation Mungo Bovey and David Jones (instructed by Irving & Co) for the applicant.
  Robin Tam (instructed by the Treasury Solicitor) for the Secretary of State.
Judgment Dates: 14 March 2002

Catchwords

Immigration - Appeal - Reasons for decision - Asylum - Secretary f State refusing claim for asylum - Special adjudicator allowing appeal against refusal - Tribunal finding that applicant's abduction, rape and risk of forced prostitution not politically motivated - Tribunal finding applicant not at risk of persecution - Whether tribunal in error.

The Case

On the facts of the instant case, there was a legitimate doubt whether the tribunal had addressed its task properly in concluding that the risk to an asylum-seeker was too low to engage responsibility under the Geneva Convention and it was appropriate for the matter to be remitted to the tribunal for reconsideration.

Practice Areas

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