Najjemba, R (on the application of) v Secretary Of State For Home Department [2002] EWCA Civ 1082 (15 July 2002)

Najjemba, R (on the application of) v Secretary Of State For Home Department [2002] EWCA Civ 1082 (15 July 2002)

The applicant's rape, though a grave criminal act, was not shown to be for a Convention reason such as membership of a persecuted social group or political opinion. The evidence did not establish systematic persecution of women in Uganda comparable to the situation in Pakistan. The adjudicator properly assessed the evidence and applied the correct legal tests. No error of law was disclosed.

Citation
[2002] EWCA Civ 1082
Parties
Claimant/applicant: Najjemba; Defendant/respondent: Secretary of State for the Home Department
Jurisdiction
England and Wales
Judgment Date
15 July 2002
Procedural Posture
Judicial Review (immigration/asylum) / Application for Permission to Appeal to the Court of Appeal
Outcome
Application for permission to appeal refused
Legal Topics
Asylum, Refugee Convention, Human Rights Act, Persecution, Social Group, Error of Law, Judicial Review
Immigration Law Human Rights Law Asylum Refugee Convention Human Rights Act Persecution Social Group Error of Law +1 more

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Parties

Najjemba

Claimant/applicant

Secretary of State for the Home Department

Defendant/respondent

Procedural Posture

Judicial Review (immigration/asylum) / Application for Permission to Appeal to the Court of Appeal

Legal Issues

  1. 1 Whether the applicant's rape constituted persecution for a Convention reason under the Refugee Convention
  2. 2 Whether the applicant was at real risk of torture or inhuman or degrading treatment on return to Uganda
  3. 3 Whether the adjudicator and Immigration Appeal Tribunal erred in law in their assessment of the evidence

Ratio Decidendi

The applicant's rape, though a grave criminal act, was not shown to be for a Convention reason such as membership of a persecuted social group or political opinion. The evidence did not establish systematic persecution of women in Uganda comparable to the situation in Pakistan. The adjudicator properly assessed the evidence and applied the correct legal tests. No error of law was disclosed.

Court Disposition

Application for permission to appeal refused

Orders

  • Application refused