MM (Iran) v Secretary of State for Home Department

MM (Iran) v Secretary of State for Home Department

The tribunal erred in law by revisiting the genuineness of MM's Christian conversion contrary to previous findings and failed to address the specific questions remitted for reconsideration, namely the impact of MM's mental illness on his ability to be discreet and the availability of family support in Iran. These errors necessitate remittal to a new tribunal for proper reconsideration.

Parties
Appellant / Claimant: MM (Iran); Respondent / Defendant: Secretary of State for Home Department
Jurisdiction
England and Wales
Judgment Date
10 November 2009
Procedural Posture
Appeal / Court of Appeal Judgment on Appeal From Asylum and Immigration Tribunal
Outcome
Appeal allowed; matter remitted for reconsideration
Legal Topics
Asylum, Christian Conversion, Homosexuality, Mental Health and Risk of Suicide, Article 3 ECHR, Family Support in Asylum Claims
Immigration Law Human Rights Law Asylum Christian Conversion Homosexuality Mental Health and Risk of Suicide Article 3 ECHR Family Support in Asylum Claims

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Parties

MM (Iran)

Appellant / Claimant

Secretary of State for Home Department

Respondent / Defendant

Procedural Posture

Appeal / Court of Appeal Judgment on Appeal From Asylum and Immigration Tribunal

Legal Issues

  1. 1 Whether the tribunal erred in law by failing to accept previous findings as to the genuineness of MM's Christian conversion
  2. 2 Whether the tribunal failed to consider the effect of MM's mental illness on his ability to be discreet about his sexuality and religion on return to Iran
  3. 3 Whether the tribunal failed to make findings on the availability of family support in Iran and its relevance to the risk of suicide and Article 3 ECHR

Ratio Decidendi

The tribunal erred in law by revisiting the genuineness of MM's Christian conversion contrary to previous findings and failed to address the specific questions remitted for reconsideration, namely the impact of MM's mental illness on his ability to be discreet and the availability of family support in Iran. These errors necessitate remittal to a new tribunal for proper reconsideration.

Court Disposition

Appeal allowed; matter remitted for reconsideration

Orders

  • MM's appeal to the AIT is remitted to a new tribunal for fresh consideration of the matters ordered for reconsideration by SIJ McKee.