MM (Iran) v Secretary of State for Home Department [2009] EWCA Civ 1167 (10 November 2009)

MM (Iran) v Secretary of State for Home Department [2009] EWCA Civ 1167 (10 November 2009)

The tribunal erred in law by revisiting the genuineness of MM's Christian conversion and by failing to make findings on the availability of family support and its relevance to the risk of Article 3 ECHR breach due to MM's mental illness and risk of suicide on return to Iran. These errors require the appeal to be allowed and the matter remitted for fresh consideration.

Citation
[2009] EWCA Civ 1167
Parties
Appellant / Claimant: MM (Iran); Respondent / Defendant: Secretary of State for Home Department
Jurisdiction
England and Wales
Judgment Date
10 November 2009
Procedural Posture
Asylum Appeal / Appeal From Asylum and Immigration Tribunal to Court of Appeal
Outcome
Appeal allowed
Legal Topics
Asylum, Article 3 ECHR, Christian Conversion, Homosexuality, Mental Health, Risk on Return, Family Support
Immigration Human Rights Asylum Article 3 ECHR Christian Conversion Homosexuality Mental Health Risk on Return +1 more

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Parties

MM (Iran)

Appellant / Claimant

Secretary of State for Home Department

Respondent / Defendant

Procedural Posture

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

Legal Issues

  1. 1 Whether the tribunal erred in revisiting the genuineness of MM's Christian conversion
  2. 2 Whether MM's mental illness and lack of family support create a real risk of Article 3 ECHR breach on return to Iran

Ratio Decidendi

The tribunal erred in law by revisiting the genuineness of MM's Christian conversion and by failing to make findings on the availability of family support and its relevance to the risk of Article 3 ECHR breach due to MM's mental illness and risk of suicide on return to Iran. These errors require the appeal to be allowed and the matter remitted for fresh consideration.

Court Disposition

Appeal allowed

Orders

  • Matter remitted to a new tribunal for fresh consideration of the issues ordered for reconsideration by SIJ McKee