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

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


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

If you are a LexisLibrary subscriber you can read more about this case here.