The asylum applicant had formerly been a police officer in Nepal. He said that if returned he would be subject to retribution from terrorists.
Held: The IAT had erred in failing to overturn the flawed adjudicator’s decision. Paramilitary police had been murdered recently in Nepal, and there was a lack of protection for them. There was no evidence that his retirement would leave him free from such a threat. Attempts by Nepalese army and police were ineffective to protect the applicant and his family. He had been singled out for his anti-terrorist police activities. The case ws remitted to be heard before a different tribunal.
Judges:
Ward LJ, Jonathan Parker LJ, Scott Baker LJ
Citations:
Times 04-Jan-2005, [2004] EWCA Civ 1863
Links:
Jurisdiction:
England and Wales
Immigration
Updated: 27 October 2022; Ref: scu.221715
