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.
Held: ‘If the Nepalese authorities saw the appellant as a member of the CPN (Maoist) party, it was difficult to see that they would limit themselves to a legitimate process of prosecution. Going by the objective country materials placed before us, we see no reason to differ from the conclusions reached by the Tribunal in Rajesh Gurung and subsequent cases such as Prakesh Sharma [2002] UKIAT 02943 and Hane [2002] UKIAT 03945. Indeed, in our view the more comprehensive and in some respects more recent objective materials placed before us serve only to confirm the findings of fact reached by the Tribunal in these cases to the effect that someone currently viewed as a Maoist would face persecution rather than simple prosecution.’ and
‘these materials do indicate that the use of torture, disappearances, and arbitrary detention remains widespread, particularly in areas affected by the Maoist insurgency. Whilst extrajudicial killings have not been widespread, most of those concerned were suspected of being sympathisers with the Maoists . . Reports of government excesses against Maoists in the early part of 2002 in the context of police and military drives against the Maoists are particularly alarming.’ and
‘In view of the considerable body of evidence showing that Maoists are far more likely to experience torture and ill treatment in detention, such persecution would also demonstrably be for a Convention reason of political opinion.’


Collins J P


[2002] UKIAT 04870, [2003] INLR 133, [2003] Imm AR 115



Cited by:

CriticisedJS (Sri Lanka), Regina (on The Application of) v Secretary of State for The Home Department SC 17-Mar-2010
The asylum seeker was accused of complicity in war crimes in Sri Lanka. He had worked as an intelligence officer but his cover had been broken and he fled to the UK. It was said that he was excluded from protection as an asylum seeker.
Held: . .
CitedJS (Sri Lanka), Regina (on the Application of) v Secretary Of State for the Home Department CA 30-Apr-2009
Joint Enterprise Liability – War Crimes accusation
The applicant appealed against an order for his removal. He was accused of complicity in war crimes.
Held: To find an asylum seeker to be subject to the Rome statute so as to exclude him from protection it had to be shown that there had been a . .
CitedGurung v Secretary of State for the Home Department CA 1-May-2003
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 . .
Lists of cited by and citing cases may be incomplete.


Updated: 29 June 2022; Ref: scu.221938