Source: All England Reporter
Publisher Citation: [2003] All ER (D) 111 (Feb)
Court: Administrative Court

Newman J

Representation Sarah Chapman (instructed by Wilson & Co) for the claimant.
  Lisa Giovannetti (instructed by the Treasury Solicitor) for the defendant.
Judgment Dates: 10 February 2003


Immigration - Asylum - Appeal - Claimant alleging persecution on grounds of homosexuality if returned to Kosovo - Credibility of claimant - Risk of persecution - European Convention on Human Rights, arts 3, 8.

The Case

An application for judicial review of a decision of a special adjudicator in relation to a claim that removal of a Kosovan asylum seeker who claimed to be homosexual would constitute a breach of arts3 and 8 of the European Convention on Human Rights was dismissed on the facts; there was no data before the adjudicator establishing that removal of the claimant would breach the Convention.

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