Mhute v Secretary of State for the Home Department [2003] EWCA Civ 1029 (18 June 2003)

Mhute v Secretary of State for the Home Department [2003] EWCA Civ 1029 (18 June 2003)

The appellant, as a low profile member of a minor political party, failed to demonstrate a well-founded fear of persecution for a Convention reason; the Tribunal properly considered UNHCR evidence and individual facts, and no error of law was shown.

Citation
[2003] EWCA Civ 1029
Parties
Claimant/applicant: Ethel Mhute; Defendant/respondent: Secretary of State for the Home Department
Jurisdiction
England and Wales
Judgment Date
18 June 2003
Procedural Posture
Immigration Appeal / Appeal From Immigration Appeal Tribunal to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Asylum, Refugee Status, European Convention on Human Rights, Political Persecution
Immigration Human Rights Asylum Refugee Status European Convention on Human Rights Political Persecution

Case Brief

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Parties

Ethel Mhute

Claimant/applicant

Secretary of State for the Home Department

Defendant/respondent

Procedural Posture

Immigration Appeal / Appeal From Immigration Appeal Tribunal to Court of Appeal

Legal Issues

  1. 1 Whether the appellant faces a real risk of persecution if returned to Zimbabwe
  2. 2 Whether the Tribunal erred in its analysis of UNHCR evidence regarding risks to political opponents in Zimbabwe
  3. 3 Whether the appellant qualifies as a refugee under the UN Convention

Ratio Decidendi

The appellant, as a low profile member of a minor political party, failed to demonstrate a well-founded fear of persecution for a Convention reason; the Tribunal properly considered UNHCR evidence and individual facts, and no error of law was shown.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed with costs
  • Public Funding Order of the appellant's costs