Ramirez v Secretary Of State For Home Department [2001] EWCA Civ 1365 (21 August 2001)

Ramirez v Secretary Of State For Home Department [2001] EWCA Civ 1365 (21 August 2001)

The applicant failed to establish a well-founded fear of persecution for a Convention reason, and procedural fairness was not denied by the refusal to adjourn. Human rights arguments must be raised separately with the Secretary of State, not in this appeal. There is no basis to enlarge time or admit fresh evidence.

Citation
[2001] EWCA Civ 1365
Parties
Claimant/applicant: Felipe Jiminez Ramirez; Defendant/respondent: The Secretary of State for the Home Department
Jurisdiction
England and Wales
Judgment Date
21 August 2001
Procedural Posture
Appeal From Immigration Appeal Tribunal / Application for Permission to Appeal to Court of Appeal (civil Division)
Outcome
Permission to appeal refused
Legal Topics
Asylum, Deportation, Mental Health and Immigration, Procedural Fairness, Human Rights Act 1998, European Convention on Human Rights
Immigration Law Human Rights Law Asylum Deportation Mental Health and Immigration Procedural Fairness Human Rights Act 1998 European Convention on Human Rights

Case Brief

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Parties

Felipe Jiminez Ramirez

Claimant/applicant

The Secretary of State for the Home Department

Defendant/respondent

Procedural Posture

Appeal From Immigration Appeal Tribunal / Application for Permission to Appeal to Court of Appeal (civil Division)

Legal Issues

  1. 1 Whether the applicant's deportation would violate his rights under the Refugee Convention or the European Convention on Human Rights
  2. 2 Whether the applicant was denied procedural fairness due to refusal of adjournment and exclusion from hearing
  3. 3 Whether fresh evidence should be admitted and time enlarged for appeal

Ratio Decidendi

The applicant failed to establish a well-founded fear of persecution for a Convention reason, and procedural fairness was not denied by the refusal to adjourn. Human rights arguments must be raised separately with the Secretary of State, not in this appeal. There is no basis to enlarge time or admit fresh evidence.

Court Disposition

Permission to appeal refused

Orders

  • Permission to appeal refused
  • Detailed assessment of applicant's costs