Source: All England Reporter
Publisher Citation: [2003] All ER (D) 340 (May)
Court: Court of Appeal, Civil Division
Judge:

Mummery, Laws and Arden LJJ

Representation Andrew Nicol QC and Martin Soorjoo (instructed by Berryman Shacklock, Nottingham) for the applicant.
  Jenni Richards (instructed by the Treasury Solicitor) for the Secretary of State.
Judgment Dates: 23 May 2003

Catchwords

Immigration - Asylum - Fear of persecution - No risk of persecution due to personal circumstances of applicant - Test for fear of persecution due to membership of a particular class of people.

The Case

Where an asylum applicant's case depended on there being a real risk of his suffering unlawful treatment as the member of a class, the real risk could not be established without showing that the general situation in the country he would be returned to was such that violations of human rights generally or consistently happened to members of that class.

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