Source: All England Reporter
Publisher Citation: [2007] All ER (D) 123 (Jun)
Neutral Citation: [2007] EWCA Civ 569
Court: Court of Appeal, Civil Division
Judge:

Buxton, Lawrence Collins LJJ and Sir Paul Kennedy

Representation Louise Hooper (instructed by Paragon Law) for the claimant.
  Steven Kovats (instructed by the Treasury Solicitor) for the Secretary of State.
Judgment Dates: 14 June 2007

Catchwords

Immigration - Leave to enter - Refugee - Asylum - Fear of persecution held by claimant for asylum because of her imputed political opinion - Claimant later alleging sexual abuse at hands of cousins in Albania - Adjudicator finding claimant's allegations of sexual abuse not credible - Adjudicator finding no risk of persecution on return - Tribunal determining adjudicator in error with regard to allegations of sexual abuse but correct to dismiss claim - Whether finding in relation to credibility to one contested issue affecting adjudicator's approach to other contested issue.

The Case

Immigration Leave to enter. Although the Immigration Appeal Tribunal had found that the adjudicator had been wrong to find the claimant for asylum's statement that she had been sexually abused was not credible, they had been correct to uphold the decision on the basis that that finding did not taint his decision that she would not face ill-treatment if she were to return to Albania.

Practice Areas

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