The applicant for asylum had been threatened with death after witnessing a multiple murder as an army soldier. He had been already shot at before escaping.
Held: So long as an applicant can establish that one of the motives of his persecutor is a Convention ground and that the applicant’s reasonable fear relates to persecution on that ground, that will be sufficient. It was essential for an applicant to show that the reason for his persecution fell within one of the convention grounds. The applicant had not shown this, and his appeal against refusal of asylum was denied.
Judges:
Poter LJ, Keene LJ and Sumner J
Citations:
Gazette 11-Jul-2002, [2002] EWCA Civ 722, [2002] 1 WLR 2663
Links:
Jurisdiction:
England and Wales
Cited by:
Cited – Regina v Secretary of State for the Home Department, ex parte Sivakumar HL 20-Mar-2003
The appellant sought asylum. He had fled Sri Lanka. He was a Tamil and feared torture if he returned. His application had been rejected because the consequences flowed from his suspected involvement in terrorism, and that was not a Convention . .
Cited – Secretary of State for the Home Department v K, Fornah v Secretary of State for the Home Department HL 18-Oct-2006
The claimants sought asylum, fearing persecution as members of a social group. The fear of persecution had been found to be well founded, but that persecution was seen not to arise from membership of a particular social group.
Held: The . .
Lists of cited by and citing cases may be incomplete.
Immigration
Updated: 20 August 2022; Ref: scu.172235
