Source: All England Reporter
Publisher Citation: [2002] All ER (D) 66 (Mar)
Court: Administrative Court

Roderick Evans J

Representation Alexander Wilson (instructed by Norman H Barnett & Co) for the claimant.
  Susan Chan (instructed by the Treasury Solicitor) for the Secretary of State.
Judgment Dates: 7 March 2002


Immigration - Appeal - Reason for decision - Asylum - Asylum-seeker claiming to have well-founded fear of persecution - Special adjudicator giving number of reasons for concluding no such well-founded fear - Asylum seeker arguing one reason flawed - Whether Immigration Appeal Tribunal erring by refusing permission to appeal.

The Case

Even assuming that a special adjudicator had erred in his assessment of objective evidence on the treatment of persons perceived to have been collaborators with the Serbian regime in Kosovo, the Immigration Appeal Tribunal had not erred in refusing permission to appeal the adjudicator's decision to uphold the Secretary of State's refusal of asylum because even a correct assessment of that evidence would not, in the circumstances, have altered the decision that the asylum-seeker in question would not be perceived as a collaborator.

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