Sharif Ali v Secretary of State for the Home Department

Sharif Ali v Secretary of State for the Home Department

There was no error of law in the Adjudicator's determination; the grounds of appeal were factual challenges, not legal ones, and thus not within the jurisdiction of the appellate court.

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
Asylum Appeal / Application for Permission to Appeal to Court of Appeal
Outcome
Application for permission to appeal refused
Legal Topics
Asylum, Burden of Proof, Error of Law, Article 3 ECHR
Immigration Law Human Rights Law Asylum Burden of Proof Error of Law Article 3 ECHR

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Parties

Mohammed Salah Sharif Ali

Applicant/appellant

Secretary of State for the Home Department

Respondent/respondent

Procedural Posture

Asylum Appeal / 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 determination; the grounds of appeal were factual challenges, not legal ones, and thus not within the jurisdiction of the appellate court.

Court Disposition

Application for permission to appeal refused

Orders

  • Application refused
  • Order for public funding given