Tankisi v Secretary of State for the Home Department [2005] EWCA Civ 447 (12 April 2005)

Tankisi v Secretary of State for the Home Department [2005] EWCA Civ 447 (12 April 2005)

The Tribunal's findings of fact were sufficient to support the dismissal of the asylum appeal under any of the relevant country guidance, and there was no error in law or failure to apply the correct principles.

Citation
[2005] EWCA Civ 447
Parties
Applicant/appellant: Mehmet Tankisi; Respondent/respondent: The Secretary of State for the Home Department
Jurisdiction
England and Wales
Judgment Date
12 April 2005
Procedural Posture
Appeal / Application for Permission to Appeal to the Court of Appeal From the Immigration Appeal Tribunal
Outcome
Application dismissed
Legal Topics
Asylum Refusal, Country Guidance, Delay in Appeal, Risk on Return, PKK Sympathisers
Immigration Law Asylum Law Asylum Refusal Country Guidance Delay in Appeal Risk on Return PKK Sympathisers

Case Brief

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Parties

Mehmet Tankisi

Applicant/appellant

The Secretary of State for the Home Department

Respondent/respondent

Procedural Posture

Appeal / Application for Permission to Appeal to the Court of Appeal From the Immigration Appeal Tribunal

Legal Issues

  1. 1 Whether the Immigration Appeal Tribunal applied the correct country guidance in dismissing the asylum appeal
  2. 2 Whether the applicant faced a real risk of persecution on return to Turkey
  3. 3 Whether delay in lodging the appeal affected the application

Ratio Decidendi

The Tribunal's findings of fact were sufficient to support the dismissal of the asylum appeal under any of the relevant country guidance, and there was no error in law or failure to apply the correct principles.

Court Disposition

Application dismissed

Orders

  • Application for permission to appeal dismissed
  • Legal aid assessment ordered