The claimant sought asylum having been a member of the communist party in Nepal, and a leader of its communist section. The party had been involved in serious violence, but having been arrested he had not been ill-treated. He was now subject to an arrest warrant on suspicion of arson.
Held: The warrant was for a proper purpose of prosecution, not persecution. The earlier case of Indra Gurung had in no way set down any rule of law.
Judges:
Ward, Buxton, Rix LJJ
Citations:
[2003] EWCA Civ 654
Links:
Jurisdiction:
England and Wales
Citing:
Cited – IG (Indra Gurung) (Exclusion, Risk, Maoists) Nepal CG (Starred) IAT 14-Oct-2002
The Tribunal gave guidance to adjudicators on the proper approach to the Refugee Convention’s Exclusion Clauses at Art 1F. The claimant had been a film star but was said to have become involved in a Maoist movement said to be involved in terrorism. . .
Lists of cited by and citing cases may be incomplete.
Immigration
Updated: 07 June 2022; Ref: scu.182343
