A v Secretary of State for the Home Department

A v Secretary of State for the Home Department

The Immigration Appeal Tribunal's conclusion that there was no real risk of treatment contrary to Article 3 ECHR on return to Libya was within the range of reasonable conclusions on the evidence; no error of law or fact was established; fresh evidence did not meet the Ladd v Marshall criteria and was properly excluded.

Parties
Claimant/appellant: A; Defendant/respondent: Secretary of State for the Home Department
Jurisdiction
England and Wales
Judgment Date
16 February 2004
Procedural Posture
Civil Appeal (immigration/human Rights) / Appeal From Immigration Appeal Tribunal to Court of Appeal
Outcome
Appeal dismissed with costs, not to be enforced without further order.
Legal Topics
Deportation, Asylum, Article 3 ECHR, Risk of Ill Treatment, Admission of Fresh Evidence
Immigration Law Human Rights Law Deportation Asylum Article 3 ECHR Risk of Ill Treatment Admission of Fresh Evidence

Case Brief

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Parties

A

Claimant/appellant

Secretary of State for the Home Department

Defendant/respondent

Procedural Posture

Civil Appeal (immigration/human Rights) / Appeal From Immigration Appeal Tribunal to Court of Appeal

Legal Issues

  1. 1 Whether the Immigration Appeal Tribunal erred in finding no real risk of Article 3 ECHR breach on return to Libya
  2. 2 Whether fresh evidence should be admitted on appeal
  3. 3 Whether the IAT made an error of fact amounting to an error of law

Ratio Decidendi

The Immigration Appeal Tribunal's conclusion that there was no real risk of treatment contrary to Article 3 ECHR on return to Libya was within the range of reasonable conclusions on the evidence; no error of law or fact was established; fresh evidence did not meet the Ladd v Marshall criteria and was properly excluded.

Court Disposition

Appeal dismissed with costs, not to be enforced without further order.

Orders

  • Appeal dismissed
  • Costs awarded to respondent, not to be enforced without further order