Meledge v Secretary of State for the Home Department [2003] EWCA Civ 1665 (12 November 2003)

Meledge v Secretary of State for the Home Department [2003] EWCA Civ 1665 (12 November 2003)

The application is dismissed because, even if the Tribunal misdirected itself regarding the Oleed precedent, the adjudicator's adverse credibility findings and the lack of evidence that low-level RDR supporters are at risk of persecution mean there is no real prospect of success on appeal.

Citation
[2003] EWCA Civ 1665
Parties
Claimant/applicant: Edjro Armel Fulgence Meledge; Defendant/respondent: The Secretary of State for the Home Department
Jurisdiction
England and Wales
Judgment Date
12 November 2003
Procedural Posture
Immigration Appeal / Renewed Application for Permission to Appeal to the Court of Appeal From the Immigration Appeal Tribunal
Outcome
Application dismissed
Legal Topics
Asylum, Persecution, Credibility Assessment, Country Conditions, Refugee Convention, European Convention on Human Rights
Immigration Law Human Rights Law Asylum Persecution Credibility Assessment Country Conditions Refugee Convention European Convention on Human Rights

Case Brief

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Parties

Edjro Armel Fulgence Meledge

Claimant/applicant

The Secretary of State for the Home Department

Defendant/respondent

Procedural Posture

Immigration Appeal / Renewed Application for Permission to Appeal to the Court of Appeal From the Immigration Appeal Tribunal

Legal Issues

  1. 1 Whether the appellant faces a real risk of persecution if returned to Ivory Coast due to political and religious grounds
  2. 2 Whether the Immigration Appeal Tribunal erred in law by not considering new evidence of changed country conditions
  3. 3 Whether the adjudicator made adequate findings on credibility and relevant facts

Ratio Decidendi

The application is dismissed because, even if the Tribunal misdirected itself regarding the Oleed precedent, the adjudicator's adverse credibility findings and the lack of evidence that low-level RDR supporters are at risk of persecution mean there is no real prospect of success on appeal.

Court Disposition

Application dismissed