The claimant appealed an order to be returned to Kosovo.
Held: As the son of a gypsy mother and and an Albanian father. As such, he would face persecution if returned if his mixed race parentage became known. If order to return he would be faced with either denying his parentage or living in seclusion. It would be unduly harsh to require the applicant to relocate to such a place.
Citations:
[2005] EWCA Civ 711, Times 23-Jun-2005
Links:
Jurisdiction:
England and Wales
Citing:
Cited – Regina v Immigration Appeals Tribunal ex parte and Similar CA 11-Oct-1996
The Court of Appeal could only deal with an appeal on points of law arising from the Immigration Appeal Tribunal’s decision. Consequently, it could only allow an appeal on points of law in respect of which the tribunal had jurisdiction, either . .
Cited – B v Secretary of State for the Home Department (Serbia and Montenegro-Kosovo) IAT 17-Jun-2003
. .
Cited – Nalliah Karanakaran v Secretary of State For The Home Department CA 25-Jan-2000
Where the applicant for asylum could show that members of his family had been killed or persecuted by the authorities, the level of proof required that he would be under threat was not the normal civil standard of proof, but that of a reasonable . .
Cited – Jonah v Secretaty of State for the Home Department 1985
The Ghanaian applicant asylum seeker had been a senior trade union official. He had lost his job and been ill-treated following political changes in Ghana. He had hidden in a remote village before seeking asylum in this country. The adjudicator . .
Cited – AE and FE v Secretary of State for the Home Department CA 16-Jul-2003
The appellants challenged orders denying them asylum status. The result would be to require them to return home but subject to relocation within a different geographical area.
Held: For the purposes of considering refugee status, the . .
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 . .
Lists of cited by and citing cases may be incomplete.
Immigration
Updated: 13 July 2022; Ref: scu.226230
