The appellant had claimed asylum, saying she would be subject to violence if returned to Jamaica. The adjudicator had accepted her evidence, and that the government was unable to protect her, but rejected her application.
Held: The adjudicator must properly consider what protection would be available to the applicant. That was a pre-requisite to any finding as to her rights on convention or human rights grounds.
Judges:
Lords Justices Potter, Chadwick and Tuckey
Citations:
Gazette 03-Apr-2003, [2003] EWCA Civ 227
Links:
Jurisdiction:
England and Wales
Immigration
Updated: 07 June 2022; Ref: scu.182768