Sharif Ali v Secretary of State for the Home Department [2005] EWCA Civ 1699 (10 November 2005)

Sharif Ali v Secretary of State for the Home Department [2005] EWCA Civ 1699 (10 November 2005)

There was no error of law in the Adjudicator's findings regarding the applicant's clan membership or the Article 3 claim; the challenge was factual, not legal, and thus not appealable.

Citation
[2005] EWCA Civ 1699
Parties
Applicant/appellant: Mohammed Salah Sharif Ali; Respondent/respondent: Secretary of State for the Home Department
Jurisdiction
England and Wales
Judgment Date
10 November 2005
Procedural Posture
Appeal From Asylum and Immigration Tribunal / Application for Permission to Appeal to Court of Appeal
Outcome
Application for permission to appeal refused
Legal Topics
Asylum, Refugee Status, Article 3 ECHR, Error of Law, Burden of Proof
Immigration Law Human Rights Law Asylum Refugee Status Article 3 ECHR Error of Law Burden of Proof

Case Brief

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Parties

Mohammed Salah Sharif Ali

Applicant/appellant

Secretary of State for the Home Department

Respondent/respondent

Procedural Posture

Appeal From Asylum and Immigration Tribunal / Application for Permission to Appeal to Court of Appeal

Legal Issues

  1. 1 Whether the Adjudicator erred in law in rejecting the applicant's claim to be a member of the Ashraf clan
  2. 2 Whether the Adjudicator erred in law in rejecting the Article 3 ECHR claim based on the applicant's age and circumstances

Ratio Decidendi

There was no error of law in the Adjudicator's findings regarding the applicant's clan membership or the Article 3 claim; the challenge was factual, not legal, and thus not appealable.

Court Disposition

Application for permission to appeal refused

Orders

  • Application refused
  • Order for public funding given