Malik, R (on the application of) v Secretary Of State For Home Department [2002] EWCA Civ 1651 (29 October 2002)

Malik, R (on the application of) v Secretary Of State For Home Department [2002] EWCA Civ 1651 (29 October 2002)

The Immigration Appeal Tribunal's conclusion that the applicant did not have a well-founded fear of persecution for a Convention reason in Sudan was not perverse or unreasonable, given the evidence of her past treatment by Sudanese authorities and the lack of substantiated risk based on her activities or associations.

Citation
[2002] EWCA Civ 1651
Parties
Claimant/applicant: Zeinab Malik; Defendant/respondent: Secretary of State for the Home Department
Jurisdiction
England and Wales
Judgment Date
29 October 2002
Procedural Posture
Judicial Review (renewed Application for Permission to Appeal) / Court of Appeal (civil Division) Application for Permission to Appeal From Immigration Appeal Tribunal
Outcome
Application dismissed
Legal Topics
Asylum, Refugee Status, Persecution, Standard of Review, Appeals Process
Immigration Law Administrative Law Asylum Refugee Status Persecution Standard of Review Appeals Process

Case Brief

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Parties

Zeinab Malik

Claimant/applicant

Secretary of State for the Home Department

Defendant/respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the Immigration Appeal Tribunal erred in law in concluding that the applicant did not have a well-founded fear of persecution for a Convention reason in Sudan
  2. 2 Whether the Tribunal's findings were perverse or ones which no reasonable tribunal could have reached

Ratio Decidendi

The Immigration Appeal Tribunal's conclusion that the applicant did not have a well-founded fear of persecution for a Convention reason in Sudan was not perverse or unreasonable, given the evidence of her past treatment by Sudanese authorities and the lack of substantiated risk based on her activities or associations.

Court Disposition

Application dismissed

Orders

  • Application for permission to appeal dismissed
  • Community Services Funding