The applicant challenged the refusal of his plea for asylum. He was an Iraqi Kurd. The order required him to be returned to Iraq.
Held: Notwithstanding the apparent terms of the order, he would in fact be returned to the Kurdish area of Iraq, where he would be safe from any form of persecution other than from members of his girlfriend’s family. Such a threat was not a Convention threat, and the order for return stood. Nor was the finding that the threat failed to reach the threshold where his human rights were engaged, incorrect.
Judges:
Munby J
Citations:
Times 12-Dec-2002
Statutes:
European Convention on Human Rights& Art 3
Jurisdiction:
England and Wales
Citing:
Cited – Regina (Sarkisian) v Immigration Appeal Tribunal Admn 28-Jun-2001
. .
Cited – Canaj v Secretary of State for Home Department and Vallaj v A Special Adjudicator CA 24-May-2001
. .
Lists of cited by and citing cases may be incomplete.
Immigration, Human Rights
Updated: 29 May 2022; Ref: scu.178426
