MQ (Afghanistan) v Secretary of State for the Home Department: CA 10 Sep 2008

Renewed application for permission to appeal following refusal on sight of the papers. The applicant, was the son of a violent Afghan militia leader who in 2004 was executed after a summary trial for an appalling series of murders. The son made no attempt to defend his father; on the contrary he said he himself was now at risk and therefore entitled to humanitarian protection for two main reasons: that his father’s execution was designed to protect the head of his faction whom the father could otherwise have implicated. If so, it is said the applicant too may be targeted by the same elements who now enjoy state power and were apparently responsible for the killing of his elder brother at the family home in Kabul not long after the father’s execution. The other reason was that the applicant may well be directly at risk from the families of his father’s many victims.

Judges:

Sedley LJ

Citations:

[2008] EWCA Civ 1056

Links:

Bailii

Jurisdiction:

England and Wales

Immigration

Updated: 19 July 2022; Ref: scu.276765