The fact that an asylum seeker might not refrain from activities which would attract persecution if he was returned to his country of origin, was not fatal to his application for asylum. There is only one question to be asked: whether, if returned, he would face a serious risk of persecution. The option of internal flight had been not directly relevant, if the claimant’s activities would still be a criminal offence.
Citations:
Times 08-Dec-1999
Statutes:
Convention and Protocol relating to the Status of Refugees 1951 1A
Jurisdiction:
England and Wales
Immigration
Updated: 10 May 2022; Ref: scu.77677
