Januzi v Secretary of State for the Home Department [2003] EWCA Civ 1188 (24 July 2003)

Januzi v Secretary of State for the Home Department [2003] EWCA Civ 1188 (24 July 2003)

The Refugee Convention claim fails because the difficulties in accessing adequate psychiatric treatment and the risk to the appellant's mental health exist throughout Kosovo, making internal relocation to Pristina not unduly harsh under the Convention. However, the Immigration Appeal Tribunal failed to adequately address the Article 8 ECHR claim regarding the risk to the appellant's physical and moral integrity upon return, and did not properly reason its rejection of the medical evidence. Therefore, the Article 8 claim must be reconsidered in light of recent authority.

Citation
[2003] EWCA Civ 1188
Parties
Applicant/appellant: Gzim Januzi; Respondent/respondent: Secretary of State for the Home Department
Jurisdiction
England and Wales
Judgment Date
24 July 2003
Procedural Posture
Appeal From Immigration Appeal Tribunal / Court of Appeal Judgment
Outcome
Appeal allowed in part; case remitted for reconsideration of Article 8 ECHR claim
Legal Topics
Asylum, Internal Relocation, Refugee Convention, European Convention on Human Rights, Article 3 ECHR, Article 8 ECHR, Mental Health and Deportation
Immigration Law Human Rights Law Asylum Internal Relocation Refugee Convention European Convention on Human Rights Article 3 ECHR Article 8 ECHR +1 more

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Parties

Gzim Januzi

Applicant/appellant

Secretary of State for the Home Department

Respondent/respondent

Procedural Posture

Appeal From Immigration Appeal Tribunal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether internal relocation within Kosovo is a reasonable alternative to asylum under the Refugee Convention
  2. 2 Whether removal of the appellant to Kosovo would breach Article 3 or Article 8 of the European Convention on Human Rights

Ratio Decidendi

The Refugee Convention claim fails because the difficulties in accessing adequate psychiatric treatment and the risk to the appellant's mental health exist throughout Kosovo, making internal relocation to Pristina not unduly harsh under the Convention. However, the Immigration Appeal Tribunal failed to adequately address the Article 8 ECHR claim regarding the risk to the appellant's physical and moral integrity upon return, and did not properly reason its rejection of the medical evidence. Therefore, the Article 8 claim must be reconsidered in light of recent authority.

Court Disposition

Appeal allowed in part; case remitted for reconsideration of Article 8 ECHR claim

Orders

  • Order of the Immigration Appeal Tribunal of 2nd September 2002 set aside
  • Case remitted to the Immigration Appeal Tribunal to determine afresh whether return to Kosovo/Pristina would breach the UK's obligations under the Human Rights Act