Source: All England Reporter
Publisher Citation: [2007] All ER (D) 243 (Jun)
Court: Court of Appeal, Civil Division

Mummery, Dyson and Richards LJJ

Representation David Pievsky (instructed by Ovo Solicitors) for the claimant.
  Francis Webber (instructed by the Treasury Solicitor) for the Secretary of State.
Judgment Dates: 21 June 2007


Immigration - Leave to enter - Refugee - Asylum - Nigerian woman claiming well-founded fear of persecution on account of religion - Adjudicator finding well-founded fear of persecution on account of status as lone Nigerian woman and not on account of religion - Asylum and Immigration Tribunal finding no evidential basis for adjudicator's decision - Tribunal rejecting asylum and human rights claims on reconsideration - Whether error of law in adjudicator's decision.

The Case

Immigration Leave to enter. The Asylum and Immigration Tribunal had been entitled to find that the adjudicator had made a material error of law in finding that the claimant had a well-founded fear of persecution if returned to Nigeria on account of her status as a lone Nigerian woman. There was no evidential basis for that finding, since the evidence was of discrimination rather than persecution. It followed that the adjudicator had been entitled to reconsider the claimant's case.

Practice Areas

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