The appellant had sought asylum from Turkey. He said that the adjudicator had failed to take into account that before leaving Turkey he had been under a requirement to report to the police daily, and that if returned, he would immediately be subject to arrest.
Held: To return would be to do so as a failed asylum seeker, and a military draft evader.He had already been severly mistreated by the Turkish authorities. The omission to take this into account amounted to an error of law. The appeal succeeded.
Judges:
Ward LJ, Longmore LJ, Scott Baker LJ
Citations:
[2005] EWCA Civ 826, Times 28-Jul-2005
Links:
Jurisdiction:
England and Wales
Immigration
Updated: 06 July 2022; Ref: scu.228233