Selvaratnam v Secretary of State for the Home Department [2003] EWCA Civ 121 (27 January 2003)

Selvaratnam v Secretary of State for the Home Department [2003] EWCA Civ 121 (27 January 2003)

The Immigration Appeal Tribunal erred by failing to address the specific risk to the appellant as an individual recently detained, tortured, and escaped from Sri Lankan custody; the evidence established a real risk of detention and torture upon return, thus entitling the appellant to asylum protection.

Citation
[2003] EWCA Civ 121
Parties
Claimant/appellant: Mathiyalagan Selvaratnam; Defendant/respondent: Secretary of State for the Home Department
Jurisdiction
England and Wales
Judgment Date
27 January 2003
Procedural Posture
Appeal From Immigration Appeal Tribunal / Court of Appeal Judgment
Outcome
Appeal allowed
Legal Topics
Asylum, Refugee Convention, Risk of Torture, Country Guidance, Persecution Based on Political Opinion
Immigration Law Human Rights Law Asylum Refugee Convention Risk of Torture Country Guidance Persecution Based on Political Opinion

Case Brief

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Parties

Mathiyalagan Selvaratnam

Claimant/appellant

Secretary of State for the Home Department

Defendant/respondent

Procedural Posture

Appeal From Immigration Appeal Tribunal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the appellant faces a real risk of torture or persecution if returned to Sri Lanka
  2. 2 Whether the Immigration Appeal Tribunal failed to properly consider the specific circumstances of the appellant

Ratio Decidendi

The Immigration Appeal Tribunal erred by failing to address the specific risk to the appellant as an individual recently detained, tortured, and escaped from Sri Lankan custody; the evidence established a real risk of detention and torture upon return, thus entitling the appellant to asylum protection.

Court Disposition

Appeal allowed

Orders

  • Orders of the adjudicator restored
  • Detailed assessment of the Appellant's costs