The applicant sought a judicial review of a refusal by the IAT of leave to appeal a refusal of asylum. He was a Tamil. He had been coerced into assisting the Tamil Tigers. The Special Adjudicator had considered only one possible convention reason, that of political opinion, omitting reference to race, and social group. He had been detained and tortured because his race made him liable to suspicion. This Court will quash an IAT refusal of leave to appeal when the Tribunal not acted rationally and ‘in a consistent and transparent way, giving clear reasons’ The appeal was dismissed, since the decision of the IAT was within the range of proper decisions it could make.
Judges:
Cresswell J
Citations:
[2001] EWHC Admin 109
Links:
Jurisdiction:
England and Wales
Citing:
Cited – Regina v The Immigration Appeal Tribunal and Another ex parte Rajendrakumar CA 11-Oct-1995
The three Tamil applicants had left the area of Sri Lanka controlled by the Tamil Tigers and gone to live in Colombo. It was asserted that in Colombo they had a well-founded fear of persecution because they were young male Tamils and were therefore . .
Cited – Paramananthan v Minister for Immigration and Multicultural Affairs 21-Dec-1998
MIGRATION – appeals in one case by refugee-claimant, in other by Minister – application for judicial review of decisions of Refugee Review Tribunal failed in one case and succeeded in the other – substantially identical passage in Tribunal’s Reasons . .
Lists of cited by and citing cases may be incomplete.
Immigration
Updated: 08 April 2022; Ref: scu.140262