Source: All England Reporter
Publisher Citation: [2002] All ER (D) 162 (Mar)
Court: Administrative Court
Judge:

Grigson J

Representation Geraldine Peterson (instructed by MK Sri & Co) for the claimant.
  Susan Chan (instructed by the Treasury Solicitor) for the defendant.
Judgment Dates: 12 March 2002

Catchwords

Immigration - Appeal - Reason for decision - Asylum - Secretary of State refusing claim for asylum - Special adjudicator dismissing appeal against refusal - Special adjudicator assuming authorities unlikely to detain claimant since he was released without charge six years earlier - Claimant contending authorities would detain him due to scarring sustained whilst previously detained - Whether adjudicator in error.

The Case

The Immigration Appeal Tribunal's decision to refuse an asylum seeker permission to appeal was quashed, in circumstances where the special adjudicator had assumed that the authorities would not have any interest in a claimant, despite the fact that he had previously been detained and tortured.

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