A (Iraq) v Secretary of State for the Home Department [2005] EWCA Civ 1438 (01 December 2005)

A (Iraq) v Secretary of State for the Home Department [2005] EWCA Civ 1438 (01 December 2005)

Where the facts found by the Adjudicator clearly establish that an asylum claimant has committed serious non-political crimes, the Adjudicator is under a mandatory duty to consider exclusion under Article 1F of the Refugee Convention, even if the Secretary of State did not raise the issue before the Adjudicator. Failure to do so is an error of law requiring correction by the appellate tribunal.

Citation
[2005] EWCA Civ 1438
Parties
Respondent/appellant: A (IRAQ); Appellant/respondent: The Secretary of State for the Home Department
Jurisdiction
England and Wales
Judgment Date
01 December 2005
Procedural Posture
Immigration Asylum 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
Refugee Convention Article 1 F, Exclusion From Refugee Protection, Serious Non Political Crime, Procedural Fairness in Asylum Appeals
Immigration Law Human Rights Law Refugee Convention Article 1 F Exclusion From Refugee Protection Serious Non Political Crime Procedural Fairness in Asylum Appeals

Case Brief

Summary, issues, holding and outcome

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Parties

A (IRAQ)

Respondent/appellant

The Secretary of State for the Home Department

Appellant/respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the Secretary of State can raise Article 1F exclusion on appeal when not raised before the Adjudicator
  2. 2 Whether the Adjudicator erred in law by not considering Article 1F exclusion given the claimant's admissions
  3. 3 Whether acts of torture by the claimant constitute 'serious non-political crimes' under Article 1F(b)

Ratio Decidendi

Where the facts found by the Adjudicator clearly establish that an asylum claimant has committed serious non-political crimes, the Adjudicator is under a mandatory duty to consider exclusion under Article 1F of the Refugee Convention, even if the Secretary of State did not raise the issue before the Adjudicator. Failure to do so is an error of law requiring correction by the appellate tribunal.

Court Disposition

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

Orders

  • Remit the case to the Asylum and Immigration Tribunal for reconsideration in light of Article 1F.