Secretary Of State For Home Department v Kawesa [2001] EWCA Civ 583 (16 March 2001)

Secretary Of State For Home Department v Kawesa [2001] EWCA Civ 583 (16 March 2001)

The tribunal was entitled to review and overturn the special adjudicator's findings of fact and credibility where those findings were flawed and unsupported by the evidence; there was no reasonable likelihood of persecution for a Convention reason established by the applicant.

Citation
[2001] EWCA Civ 583
Parties
Claimant/respondent: Secretary of State for the Home Department; Defendant/appellant: Patrick Kawesa
Jurisdiction
England and Wales
Judgment Date
16 March 2001
Procedural Posture
Immigration Appeal / Renewed Application for Permission to Appeal to the Court of Appeal (civil Division)
Outcome
Appeal dismissed
Legal Topics
Asylum, Credibility Assessment, Standard of Proof, Persecution for Convention Reasons, Appellate Review of Fact Finding
Immigration Law Administrative Law Asylum Credibility Assessment Standard of Proof Persecution for Convention Reasons Appellate Review of Fact Finding

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Parties

Secretary of State for the Home Department

Claimant/respondent

Patrick Kawesa

Defendant/appellant

Procedural Posture

Immigration Appeal / Renewed Application for Permission to Appeal to the Court of Appeal (civil Division)

Legal Issues

  1. 1 Whether the Immigration Appeal Tribunal erred in overturning the special adjudicator's findings of fact and credibility
  2. 2 Whether the applicant established a well-founded fear of persecution for a Convention reason
  3. 3 Whether the tribunal misapplied the standard of proof or the test for appellate intervention in fact-finding

Ratio Decidendi

The tribunal was entitled to review and overturn the special adjudicator's findings of fact and credibility where those findings were flawed and unsupported by the evidence; there was no reasonable likelihood of persecution for a Convention reason established by the applicant.

Court Disposition

Appeal dismissed

Orders

  • Application for permission to appeal refused
  • Extension of time granted