Source: All England Reporter
Publisher Citation: [2008] All ER (D) 114 (Jun)
Court: Court of Appeal, Civil Division

Mummery, Dyson and Maurice Kay LJJ

Representation Benjamin Hawkin (instructed by White Ryland) for the claimant.
  Steven Kovats (instructed by the Treasury Solicitor) for the Secretary of State.
Judgment Dates: 10 June 2008


Immigration - Appeal - Asylum and Immigration Tribunal - Claimant being refused asylum but being granted discretionary leave to remain until his 18th birthday - Claimant's appeal against that decision being dismissed - Whether Asylum and Immigration Tribunal erring.

The Case

Where the claimant, an Afghan national, had been refused asylum but granted discretionary leave to remain until his 18th birthday, the Asylum and Immigration Tribunal (AIT) had been correct to dismiss his appeal. The AIT's findings could not be impugned. It had made clear findings that there was no objective basis for fearing persecution because if the claimant was returned there was no evidence that the authorities would be interested in him. Moreover, there was no evidence that his relationship with his father, or that he was the child of a member of the political group Hezb-i Islami would come to light.

Practice Areas

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