The applicant was an ethnic Kurd who claimed asylum, having fled Iraq.
Held: To establish a claim, he must show that because of a well founded fear of persecution for a Convention reason, he was outside his country and unable or, because of that fear, unwilling, to avail himself of the protection of that country. The claimant said that the court had to look at the whole of Iraq, and not just one region. The court held that provided a safe way could be provided of getting there, the existence of a safe region defeated the asylum claim. However the IAT had failed to allow him a proper opportunity to state his case, and the case was remitted for rehearing.
Judges:
Lord Justice Keene
Citations:
Times 03-Jun-2002, Gazette 04-Jul-2002, [2002] EWCA Civ 750, [2002] 1 WLR 2755
Links:
Statutes:
Convention and Protocol relating to the Status of Refugees (1951) (Cmd 9197) and (1967) (Cmnd 3906)
Jurisdiction:
England and Wales
Citing:
Appeal from – Starred Gardi (Asylum, KAA, Internal Flight Alternative) Iraq IAT 16-Nov-2001
. .
Cited by:
Cited – Hwez and Khadir v Secretary of State for the Home Departmentand Another Admn 29-Jul-2002
. .
See Also – Azad Gardi v Secretary of State for the Home Department (No 2) CA 22-Oct-2002
The Home Secretary sought to appeal against the decision of the Immigration Appeal Tribunal.
Held: The IAT had been reviewing a decision of an adjudicator in Scotland. Accordingly, any appeal against the IAT decision lay to the Court of . .
Lists of cited by and citing cases may be incomplete.
Immigration
Updated: 26 August 2022; Ref: scu.171341