The appellate sought judicial review to challenge an order for his return to Albania. He said that he would be subject to persecution from communist sympathizers, and his life was at risk for a blood feud. Adjudicators had variously accepted and rejected both claims, but concluded that he could avail himself of internal flight. He challenged the applicability of the test in Horvath in human rights cases, which did not include a qualification to the right for protection where state aid may be available.
Held: The conventions should be read purposively. The difference is apparent only. The human rights test is affected by the availability of state protection, because that reduces the risk of harm. The burden was on the applicant to show that internal flight was not available. That test had been properly applied by the adjudicator. Review refused.
Judges:
Lord Justice Auld, And, Mr Justice Ouseley
Citations:
[2002] EWHC 80 (Admin), [2002] Imm AR 394
Links:
Statutes:
Immigration and Asylum Act 1999 65(1), European Convention on Human Rights 3
Jurisdiction:
England and Wales
Citing:
Cited – Horvath v Secretary of State for the Home Department HL 7-Jul-2000
When considering the fear of prosecution in an applicant for asylum, the degree of persecution expected from individuals outside the government was to be assessed in the context also of the attitude of the government of the country to such . .
Cited – Soering v The United Kingdom ECHR 7-Jul-1989
(Plenary Court) The applicant was held in prison in the UK, pending extradition to the US to face allegations of murder, for which he faced the risk of the death sentence, which would be unlawful in the UK. If extradited, a representation would be . .
Cited – Ahmed v Austria ECHR 17-Dec-1996
ECHR Judgment (Merits and just satisfaction) Lack of jurisdiction (new complaint); Violation of Art. 3; Pecuniary damage – claim rejected; Non-pecuniary damage – finding of violation sufficient; Costs and . .
Cited – Kacaj v Secretary of State for the Home Department CA 14-Mar-2002
. .
Lists of cited by and citing cases may be incomplete.
Immigration, Human Rights
Updated: 04 November 2022; Ref: scu.167593