The Secretary of State sought leave to appeal reversal of his refusal to grant the applicant asylum. The applicant had fled Angola in several years before and claimed he would be in danger of political violence if returned. The secretary of state considered that the applicants political involvements were not such as to place him at risk and the situation as a whole had improved.
Held: The Immigration Appeal Tribunal had failed to address properly the issues listed in Borissov, and leave would be granted.
Judges:
Lord Justice Saville, Lord Justice Brooke
Citations:
[1997] EWCA Civ 1060
Jurisdiction:
England and Wales
Citing:
Cited – Assah 1994
The adjudicator had accepted at least a substantial part of the appellant’s evidence, whereas the IAT, without the benefit of hearing it, had concluded that none of the accounts which he had put forward in relation to past material events was true. . .
Cited – Borissov v The Secretary of State for the Home Department CA 1996
The jurisdiction of the Immigration Appeal Tribunal in asylum cases is not limited to questions of law, but the IAT should exercise great caution before interfering in a finding of fact and particularly where that finding derived from his view of a . .
Lists of cited by and citing cases may be incomplete.
Immigration
Updated: 05 November 2022; Ref: scu.141456