AS (Afghanistan) v Secretary of State for the Home Department [2008] EWCA Civ 974 (23 July 2008)

AS (Afghanistan) v Secretary of State for the Home Department [2008] EWCA Civ 974 (23 July 2008)

The tribunal gave adequate and rational reasons for finding that the respondent, due to his personal and family history, proximity of his home area to Kabul, and the heightened security situation, would face a real risk of ill-treatment contrary to Article 3 ECHR if returned to Afghanistan, and internal relocation to Kabul would not mitigate that risk.

Citation
[2008] EWCA Civ 974
Parties
Respondent/appellant: AS (Afghanistan); Appellant/respondent: Secretary of State for the Home Department
Jurisdiction
England and Wales
Judgment Date
23 July 2008
Procedural Posture
Appeal (asylum & Immigration) / Renewed Application for Permission to Appeal to the Court of Appeal
Outcome
Application refused; renewed application dismissed.
Legal Topics
Article 3 ECHR, Internal Relocation, Refugee Convention Article 1 F, Risk on Return, Country Guidance Cases
Immigration Law Human Rights Law Article 3 ECHR Internal Relocation Refugee Convention Article 1 F Risk on Return Country Guidance Cases

Case Brief

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Parties

AS (Afghanistan)

Respondent/appellant

Secretary of State for the Home Department

Appellant/respondent

Procedural Posture

Appeal (asylum & Immigration) / Renewed Application for Permission to Appeal to the Court of Appeal

Legal Issues

  1. 1 Whether the respondent would face a real risk of ill-treatment contrary to Article 3 ECHR if returned to Afghanistan
  2. 2 Whether internal relocation to Kabul would mitigate the risk
  3. 3 Whether the tribunal adequately distinguished the respondent's case from the country guidance case of PM & Ors (Kabul -- Hizb-i-Islami) Afghanistan CG [2007] UKAIT 00089

Ratio Decidendi

The tribunal gave adequate and rational reasons for finding that the respondent, due to his personal and family history, proximity of his home area to Kabul, and the heightened security situation, would face a real risk of ill-treatment contrary to Article 3 ECHR if returned to Afghanistan, and internal relocation to Kabul would not mitigate that risk.

Court Disposition

Application refused; renewed application dismissed.

Orders

  • Permission to appeal refused.