Shevyakov v Secretary Of State For Home Department [2002] EWCA Civ 258 (19 February 2002)

Shevyakov v Secretary Of State For Home Department [2002] EWCA Civ 258 (19 February 2002)

The Tribunal was entitled to find that there was no credible evidence of the applicant's presence in Kazakhstan at the relevant time, and their assessment of the evidence did not constitute an error of law.

Citation
[2002] EWCA Civ 258
Parties
Claimant/applicant: Sergei Shevyakov; Defendant/respondent: Secretary of State for the Home Department
Jurisdiction
England and Wales
Judgment Date
19 February 2002
Procedural Posture
Appeal From Immigration Appeal Tribunal / Application for Permission to Appeal
Outcome
Application dismissed
Legal Topics
Asylum, Refugee Convention, Human Rights Convention, Evidentiary Burden, Extradition
Immigration Law Human Rights Law Asylum Refugee Convention Human Rights Convention Evidentiary Burden Extradition

Case Brief

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Parties

Sergei Shevyakov

Claimant/applicant

Secretary of State for the Home Department

Defendant/respondent

Procedural Posture

Appeal From Immigration Appeal Tribunal / Application for Permission to Appeal

Legal Issues

  1. 1 Whether the Immigration Appeal Tribunal erred in law in rejecting the applicant's asylum claim
  2. 2 Whether the Tribunal improperly assessed documentary evidence regarding the applicant's presence in Kazakhstan
  3. 3 Whether refusal to adjourn the case was a legal error

Ratio Decidendi

The Tribunal was entitled to find that there was no credible evidence of the applicant's presence in Kazakhstan at the relevant time, and their assessment of the evidence did not constitute an error of law.

Court Disposition

Application dismissed

Orders

  • Permission to appeal refused