Erdogan v Secretary of State for Home Department

Erdogan v Secretary of State for Home Department

The Immigration Appeal Tribunal and adjudicator were entitled to find, based on the evidence and credibility assessment, that the appellant did not have a well-founded fear of persecution if returned to Turkey; removal of one erroneous finding did not undermine the overall determination.

Parties
Claimant/appellant: Kamil Erdogan; Defendant/respondent: Secretary of State for the Home Department
Jurisdiction
England and Wales
Judgment Date
26 October 2004
Procedural Posture
Appeal / Judgment
Outcome
Appeal dismissed
Legal Topics
Asylum, Credibility Assessment, Risk on Return, Error of Law
Immigration Law Asylum Credibility Assessment Risk on Return Error of Law

Case Brief

Summary, issues, holding and outcome

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Parties

Kamil Erdogan

Claimant/appellant

Secretary of State for the Home Department

Defendant/respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the appellant had a well-founded fear of persecution if returned to Turkey
  2. 2 Whether the adjudicator's findings were flawed due to error of law

Ratio Decidendi

The Immigration Appeal Tribunal and adjudicator were entitled to find, based on the evidence and credibility assessment, that the appellant did not have a well-founded fear of persecution if returned to Turkey; removal of one erroneous finding did not undermine the overall determination.

Court Disposition

Appeal dismissed

Orders

  • Detailed assessment of the appellant's publicly funded costs