Dedei, R (on the application of) v Immigration Appeal Tribunal & Anor [2002] EWCA Civ 922 (13 June, 2002)

Dedei, R (on the application of) v Immigration Appeal Tribunal & Anor [2002] EWCA Civ 922 (13 June, 2002)

The application for permission to appeal was refused because the Tribunal and adjudicator were entitled to rely on the claimant's own evidence regarding the safety of his home area, the risk during transit was not sufficiently obvious to meet the Robinson test, and the factual findings were not open to review on judicial review. The new evidence did not materially alter the risk assessment or demonstrate a strong prospect of success.

Citation
[2002] EWCA Civ 922
Parties
Claimant/applicant: Ilir Dedei; Defendant/respondent: Immigration Appeal Tribunal; Interested Party: Secretary of State for the Home Department
Jurisdiction
England and Wales
Procedural Posture
Judicial Review Application / Renewed Application for Permission to Appeal to the Court of Appeal From Refusal of Permission for Judicial Review by the High Court
Outcome
Permission to appeal refused
Legal Topics
Asylum, Judicial Review, Persecution of Ethnic Minorities, Credibility Assessment, State Protection, Internal Relocation, Fresh Evidence
Immigration Law Human Rights Law Administrative Law Asylum Judicial Review Persecution of Ethnic Minorities Credibility Assessment State Protection +2 more

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Parties

Ilir Dedei

Claimant/applicant

Immigration Appeal Tribunal

Defendant/respondent

Secretary of State for the Home Department

Interested Party

Procedural Posture

Judicial Review Application / Renewed Application for Permission to Appeal to the Court of Appeal From Refusal of Permission for Judicial Review by the High Court

Legal Issues

  1. 1 Whether the Immigration Appeal Tribunal erred in refusing permission to appeal against the adjudicator's dismissal of the asylum claim
  2. 2 Whether the Tribunal failed to consider the safety of the journey to the alleged safe area
  3. 3 Whether the Tribunal unreasonably found effective state protection

Ratio Decidendi

The application for permission to appeal was refused because the Tribunal and adjudicator were entitled to rely on the claimant's own evidence regarding the safety of his home area, the risk during transit was not sufficiently obvious to meet the Robinson test, and the factual findings were not open to review on judicial review. The new evidence did not materially alter the risk assessment or demonstrate a strong prospect of success.

Court Disposition

Permission to appeal refused

Orders

  • Application for permission to appeal refused
  • Detailed assessment of the applicant's Community Legal Services Funding certificate