WM (Democratic Republic of Congo) v The Secretary of State for the Home Department; The Secretary of State for the Home Department v AR (Afghanistan): CA 9 Nov 2006

The court set out the conditions for reviewing a decision by the Home Secretary to reject a renewed application for asylum. He should ask whether an adjudicator applying anxious scrutiny would think the applicant would be exposed to a real risk of persecution, and in respect both of the evaluations and the appropriate inferences in law, had the Home Secretary himself applied a similar anxious scrutiny.

Judges:

Lord Justice Jonathan Parker Lord Justice Buxton Lord Justice Moore-Bick

Citations:

C4/2005/2825, Times 01-Dec-2006

Jurisdiction:

England and Wales

Immigration

Updated: 11 June 2022; Ref: scu.247300