Benghellab v Secretary of State for the Home Department [2005] EWCA Civ 1261 (07 October 2005)

Benghellab v Secretary of State for the Home Department [2005] EWCA Civ 1261 (07 October 2005)

The adjudicator failed to provide any reasoning for preferring the Joffé report over the CIPU report; the Immigration Appeal Tribunal was correct to find an error of law and to determine the matter itself based on the evidence.

Citation
[2005] EWCA Civ 1261
Parties
Claimant/appellant: Benghellab; Defendant/respondent: Secretary of State for the Home Department
Jurisdiction
England and Wales
Judgment Date
07 October 2005
Procedural Posture
Immigration Appeal / Renewed Application for Permission to Appeal to Court of Appeal
Outcome
Application refused
Legal Topics
Internal Relocation, Risk of Persecution, European Convention on Human Rights
Immigration Human Rights Internal Relocation Risk of Persecution European Convention on Human Rights

Case Brief

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Parties

Benghellab

Claimant/appellant

Secretary of State for the Home Department

Defendant/respondent

Procedural Posture

Immigration Appeal / Renewed Application for Permission to Appeal to Court of Appeal

Legal Issues

  1. 1 Whether claimant faces real risk of persecution or harm upon return to Algeria
  2. 2 Adequacy of internal relocation options
  3. 3 Proper evaluation of conflicting expert reports

Ratio Decidendi

The adjudicator failed to provide any reasoning for preferring the Joffé report over the CIPU report; the Immigration Appeal Tribunal was correct to find an error of law and to determine the matter itself based on the evidence.

Court Disposition

Application refused

Orders

  • Application for permission to appeal refused