Source: All England Reporter
Publisher Citation: [2007] All ER (D) 420 (Nov)
Court: Court of Appeal, Civil Division

Sir Mark Potter P, Hooper and Moses LJJ

Representation Simon Harding (instructed by Howe & Co Solicitors) for the claimant.
  Tim Eicke (instructed by the Treasury Solicitor) for the Secretary of State.
Judgment Dates: 27 November 2007


Immigration - Leave to enter - Refugee - Asylum - Internal relocation - Alevi Kurd from Turkey seeking asylum - Whether immigration judge failing to follow most recent country guidance.

The Case

According to the most recent country guidance from the Asylum and Immigration Tribunal, in considering the issue of the internal relocation in Turkey of asylum seekers of Kurdish Alevi ethnicity, the starting point was to consider whether there would be any records about the asylum seeker in his home area, before considering whether that information would come to the attention of the authorities interviewing the returned asylum seeker at the airport. It was also incumbent on the tribunal to consider what sort of questions the returned asylum seeker would be asked on arrival. The question of what records there were in the home area was of importance in determining what sort of questions the returned asylum seeker would be asked and the manner of his detention at the airport. In that regard, if the returned asylum seeker was asked why he had left Turkey and why he had returned, he could not be expected to lie.

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