AS (Iran) v Secretary of State for the Home Department [2015] EWCA Civ 824 (25 June 2015)

AS (Iran) v Secretary of State for the Home Department [2015] EWCA Civ 824 (25 June 2015)

There is a real prospect of success in the argument that the First Tier Tribunal judge erred in law by not concluding that the appellant, as a woman subject to domestic violence in Iran, was a member of a particular social group for the purposes of the Refugee Convention.

Source-derived case information.

Citation
[2015] EWCA Civ 824
Parties
Applicant/claimant: AS (Iran); Respondent/defendant: Secretary of State for the Home Department
Jurisdiction
England and Wales
Judgment Date
25 June 2015
Procedural Posture
Appeal / Permission to Appeal to Court of Appeal From Upper Tribunal (immigration and Asylum Chamber)
Outcome
Permission to appeal granted
Legal Topics
Refugee Status, Particular Social Group, Domestic Violence, Article 3 ECHR, Sur Place Activities, Standard of Proof
Immigration Asylum Human Rights Refugee Status Particular Social Group Domestic Violence Article 3 ECHR Sur Place Activities +1 more

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Summary, issues, holding and outcome

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Parties

AS (Iran)

Applicant/claimant

Secretary of State for the Home Department

Respondent/defendant

Procedural Posture

Appeal / Permission to Appeal to Court of Appeal From Upper Tribunal (immigration and Asylum Chamber)

Legal Issues

  1. 1 Whether the appellant is a member of a particular social group due to domestic violence in Iran
  2. 2 Whether the First Tier Tribunal erred in law in its assessment of risk on Convention grounds (religion, political opinion, social group, illegal exit)
  3. 3 Whether the findings regarding risk of suicide and medical evidence were legally adequate

Ratio Decidendi

There is a real prospect of success in the argument that the First Tier Tribunal judge erred in law by not concluding that the appellant, as a woman subject to domestic violence in Iran, was a member of a particular social group for the purposes of the Refugee Convention.

Court Disposition

Permission to appeal granted

Orders

  • Permission to appeal to the Court of Appeal is granted for a full hearing before three judges, including an immigration specialist, with a time estimate of one day.