AS & DD (Libya) v Secretary of State for the Home Department & Anor [2008] EWCA Civ 289 (09 April 2008)

AS & DD (Libya) v Secretary of State for the Home Department & Anor [2008] EWCA Civ 289 (09 April 2008)

SIAC applied the correct legal test under Article 3 ECHR, properly evaluated the evidence including that of the FCO witness, and was entitled as a specialist tribunal to reach its own factual conclusions regarding the risk of torture on return to Libya. The Court of Appeal found no error of law in SIAC's approach or findings, and held that the appeal must be dismissed.

Citation
[2008] EWCA Civ 289
Parties
Respondent/appellant: AS; Respondent/appellant: DD; Appellant/respondent: Secretary of State for the Home Department; Intervenor: Liberty
Jurisdiction
England and Wales
Judgment Date
09 April 2008
Procedural Posture
Appeal From SIAC (special Immigration Appeals Commission) / Court of Appeal (civil Division) Judgment
Outcome
Appeal dismissed
Legal Topics
Deportation With Assurances, Article 3 ECHR, Risk of Torture, Specialist Tribunal Appeals, National Security and Deportation
Immigration Law Human Rights Law Public Law Deportation With Assurances Article 3 ECHR Risk of Torture Specialist Tribunal Appeals National Security and Deportation

Case Brief

Summary, issues, holding and outcome

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Parties

AS

Respondent/appellant

DD

Respondent/appellant

Secretary of State for the Home Department

Appellant/respondent

Liberty

Intervenor

Procedural Posture

Appeal From SIAC (special Immigration Appeals Commission) / Court of Appeal (civil Division) Judgment

Legal Issues

  1. 1 Whether SIAC applied the correct legal test under Article 3 ECHR regarding risk of torture on return to Libya
  2. 2 Whether SIAC gave appropriate weight to the evidence of the FCO witness (Mr Layden)
  3. 3 Whether SIAC's findings of fact could support a conclusion that substantial grounds existed for believing there was a real risk of Article 3 ill-treatment

Ratio Decidendi

SIAC applied the correct legal test under Article 3 ECHR, properly evaluated the evidence including that of the FCO witness, and was entitled as a specialist tribunal to reach its own factual conclusions regarding the risk of torture on return to Libya. The Court of Appeal found no error of law in SIAC's approach or findings, and held that the appeal must be dismissed.

Court Disposition

Appeal dismissed

Orders

  • The appeal of the Secretary of State for the Home Department is dismissed.
  • The decision of SIAC allowing the appeals of AS and DD against deportation orders is upheld.