A (Iraq) v Secretary of State for the Home Department

A (Iraq) v Secretary of State for the Home Department

Where the facts found by the Adjudicator clearly disclose that Article 1F of the Refugee Convention applies, it is an error of law not to consider exclusion, even if not raised by the Secretary of State, and the appellate tribunal must correct such an error if the facts are clear.

Parties
Appellant/respondent: A (Iraq); Respondent/appellant: The Secretary of State for the Home Department
Jurisdiction
England and Wales
Judgment Date
01 December 2005
Procedural Posture
Asylum/immigration Appeal / Appeal From Immigration Appeal Tribunal to Court of Appeal
Outcome
Appeal allowed; matter remitted to the Asylum and Immigration Tribunal for reconsideration.
Legal Topics
Exclusion From Refugee Status, Article 1 F Refugee Convention, Serious Non Political Crime, Procedural Fairness, Error of Law
Immigration Law Refugee Law Human Rights Law Exclusion From Refugee Status Article 1 F Refugee Convention Serious Non Political Crime Procedural Fairness Error of Law

Case Brief

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Parties

A (Iraq)

Appellant/respondent

The Secretary of State for the Home Department

Respondent/appellant

Procedural Posture

Asylum/immigration Appeal / Appeal From Immigration Appeal Tribunal to Court of Appeal

Legal Issues

  1. 1 Whether the Adjudicator was required to consider Article 1F exclusion from the Refugee Convention where the point was not raised by the Secretary of State at first instance
  2. 2 Whether the claimant's admitted acts constituted 'serious non-political crimes' under Article 1F(b)
  3. 3 Whether the Immigration Appeal Tribunal erred in law by not finding the Adjudicator's failure to consider Article 1F was an error of law

Ratio Decidendi

Where the facts found by the Adjudicator clearly disclose that Article 1F of the Refugee Convention applies, it is an error of law not to consider exclusion, even if not raised by the Secretary of State, and the appellate tribunal must correct such an error if the facts are clear.

Court Disposition

Appeal allowed; matter remitted to the Asylum and Immigration Tribunal for reconsideration.

Orders

  • The appeal is allowed.
  • The matter is remitted to the Asylum and Immigration Tribunal for reconsideration.