Mouhoub v Secretary of State for the Home Department

Mouhoub v Secretary of State for the Home Department

The tribunal was entitled to find, on the evidence, that the appellant did not establish a real risk of treatment contrary to Article 3 ECHR if returned to Algeria as a deserter. Even if there was a difference between the 'real risk' and 'reasonable likelihood' tests, the outcome would have been the same given the tribunal's approach to the evidence.

Parties
Claimant/appellant: Khelifa Mohamed Ait Mouhoub; Defendant/respondent: Secretary of State for the Home Department
Jurisdiction
England and Wales
Judgment Date
08 May 2003
Procedural Posture
Appeal / Judgment on Appeal From Immigration Appeal Tribunal
Outcome
Appeal dismissed
Legal Topics
Asylum, Deportation, Article 3 ECHR, Standard of Proof in Human Rights Claims
Immigration Law Human Rights Law Asylum Deportation Article 3 ECHR Standard of Proof in Human Rights Claims

Case Brief

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Parties

Khelifa Mohamed Ait Mouhoub

Claimant/appellant

Secretary of State for the Home Department

Defendant/respondent

Procedural Posture

Appeal / Judgment on Appeal From Immigration Appeal Tribunal

Legal Issues

  1. 1 Whether the appellant faces a real risk of treatment contrary to Article 3 ECHR if returned to Algeria as a deserter
  2. 2 Whether the Immigration Appeal Tribunal applied the correct legal test for risk under Article 3 ECHR

Ratio Decidendi

The tribunal was entitled to find, on the evidence, that the appellant did not establish a real risk of treatment contrary to Article 3 ECHR if returned to Algeria as a deserter. Even if there was a difference between the 'real risk' and 'reasonable likelihood' tests, the outcome would have been the same given the tribunal's approach to the evidence.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed