TD (Ivory Coast) v Secretary of State for the Home Department [2007] EWCA Civ 123 (06 February 2007)

TD (Ivory Coast) v Secretary of State for the Home Department [2007] EWCA Civ 123 (06 February 2007)

The Court of Appeal held that the tribunal at the first stage of reconsideration had determined that the appellant suffered persecution for a Convention reason, and the second stage was limited to assessing risk on return, sufficiency of protection, and internal relocation. The tribunal erred by revisiting the issue of persecution for a Convention reason, rendering the process unfair. The matter must be remitted for reconsideration on the correct basis.

Citation
[2007] EWCA Civ 123
Parties
Claimant/appellant: TD (Ivory Coast); Defendant/respondent: Secretary of State for the Home Department
Jurisdiction
England and Wales
Judgment Date
06 February 2007
Procedural Posture
Asylum Appeal / Appeal From Asylum and Immigration Tribunal to Court of Appeal
Outcome
Appeal allowed
Legal Topics
Asylum, Persecution, Convention Reason, Procedural Fairness
Immigration Law Human Rights Law Asylum Persecution Convention Reason Procedural Fairness

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 2 Party arguments 2
Sign in to unlock

Parties

TD (Ivory Coast)

Claimant/appellant

Secretary of State for the Home Department

Defendant/respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the appellant suffered persecution for a Convention reason
  2. 2 Whether the tribunal erred in its reconsideration by re-characterising the facts
  3. 3 Whether the hearing was procedurally fair

Ratio Decidendi

The Court of Appeal held that the tribunal at the first stage of reconsideration had determined that the appellant suffered persecution for a Convention reason, and the second stage was limited to assessing risk on return, sufficiency of protection, and internal relocation. The tribunal erred by revisiting the issue of persecution for a Convention reason, rendering the process unfair. The matter must be remitted for reconsideration on the correct basis.

Court Disposition

Appeal allowed

Orders

  • Matter remitted for further reconsideration limited to risk on return, sufficiency of protection, and internal relocation, on the basis that the appellant suffered persecution for a Convention reason.