The appellant Iranian challenged refusal of his claim for asylum. He had been granted refugee status in Iraq and in Turkey by the United Nations commission, but on arrival in the UK, his asylum claim had been rejected on the basis of the credibility of his assertions.
Held: The appeal failed. Those making such decisions had an independent responsibility to make their own assessments, and were not bound by decisions of the UN Commissioners. A decision of the Commissioner should be departed form only after close inspection, but there was no burden on him to justify any such departure.
‘Although little may be known about the actual process of decision-making by UNHCR in granting refugee status in an individual case, the accumulated and unrivalled expertise of this organisation, its experience in working with governments throughout the world, the development, promotion and enforcement of procedures of high standard and consistent decision-making in the field of refugee status determinations must invest its decisions with considerable authority.’
Lady Hale, Deputy President, Lord Kerr, Lord Wilson, Lord Hughes, Lord Hodge
[2014] UKSC 6, [2014] 1 WLR 384, 2014 SC (UKSC) 105, [2014] WLR(D) 36, 2014 SCLR 366, 2014 GWD 4-86, 2014 SLT 598, [2014] 1 All ER 1015, [2014] Imm AR 613, UKSC 2012/0157
Bailii, WLRD, Bailii Summary, SC Summary, SC
Convention and Protocol relating to the Status of Refugees (1951)
Scotland
Citing:
Leave – IA, Re Leave To Appeal SCS 1-Apr-2011
Extra Division, Inner House – The applicant sought leave to appeal against a decision of the Asylum and Immigration Tribunal rejecting his appeals. The latter decision dismissed the applicant’s appeal against a decision of the respondent, the Home . .
Cited – KK (Recognition Elsewhere As Refugee) Democratic Republic of Congo IAT 25-Feb-2005
Ouseley J P said: ‘As I have noted, independent documentary evidence regarding the procedures used to issue the appellant the refugee certificate in Iraq and refugee status in Turkey by the UNHCR was not before me, nor evidence regarding on what . .
Cited – MM (Iran) v The Secretary of State for The Home Department CA 17-Nov-2010
Appeal against the order of the Asylum and Immigration Tribunal following a reconsideration hearing that the tribunal’s earlier determination promulgated dismissing the appellant’s appeal against the Secretary of State’s refusal of his asylum claim . .
Cited – E v Secretary of State for the Home Department etc CA 2-Feb-2004
The court was asked as to the extent of the power of the IAT and Court of Appeal to reconsider a decision which it later appeared was based upon an error of fact, and the extent to which new evidence to demonstrate such an error could be admitted. . .
Cited by:
Cited – EM (Eritrea), Regina (on The Application of) v Secretary of State for The Home Department SC 19-Feb-2014
SSHD must examine safety of country for return
The Court was asked: ‘Is an asylum seeker or refugee who resists his or her return from the United Kingdom to Italy (the country in which she or he first sought or was granted asylum) required to establish that there are in Italy ‘systemic . .
Lists of cited by and citing cases may be incomplete.
Immigration, Human Rights
Updated: 29 November 2021; Ref: scu.521154