The appellants challenged orders denying them asylum status. The result would be to require them to return home but subject to relocation within a different geographical area.
Held: For the purposes of considering refugee status, the conditions to which they would be returned in a different area were not relevant. They might become relevant when considering whether the return would infringe the claimants human rights, because they would not enjoy the basic notions of civil political and socio-economic human rights. The court emphasised the need to distinguish between: ‘(1) the right to refugee status under the Refugee Convention; (2) the right to remain by reason of rights under the Human Rights Convention; and (3) consideration to the grant of leave to remain for humanitarian reasons.’ and ‘Consideration of the reasonableness of internal relocation should focus on the consequences to the asylum seeker of settling in the place of relocation instead of his previous home (in context that means his home in his country of origin, rather than the place at which he has been living while his application was considered and decided). If it would be ‘unduly harsh’ for the individual applicant to be relocated in a different part of his own country of origin, it would then normally follow that refugee status should be granted.’
Judges:
Lord Justice Ward Lord Justice Simon Brown Lord Philips Of Worth Matravers MR
Citations:
[2003] EWCA Civ 1032, Times 25-Jul-2003, C1/2003/0047, [2003] INLR 475, [2004] QB 531
Links:
Jurisdiction:
England and Wales
Citing:
Cited – Regina v Secretary of State for Home Department Immigration Appeals Tribunal ex parte Robinson CA 11-Jul-1997
Where an asylum seeker was seeking to escape from persecution in one area of his home country, the court must ask if an escape to a safe area in his country of origin is available and appropriate. A failure of the country to which an asylum seeker . .
Cited by:
Cited – Hysi v Secretary of State for the Home Department CA 15-Jun-2005
The claimant appealed an order to be returned to Kosovo.
Held: As the son of a gypsy mother and and an Albanian father. As such, he would face persecution if returned if his mixed race parentage became known. If order to return he would be . .
Cited – Secretary of State for the Home Department v AH (Sudan) and others HL 14-Nov-2007
The three respondents had fled persecution in Darfur. They sought asylum which was refused, and they now appealed. It was argued that whilst they had a well founded fear of persecution in Dhafur, that would not apply if they returned to Khartoum. . .
Lists of cited by and citing cases may be incomplete.
Immigration, Human Rights
Updated: 07 June 2022; Ref: scu.184612