Sarkisian v Secretary Of State For Home Department [2002] EWCA Civ 1369 (26 September 2002)

Sarkisian v Secretary Of State For Home Department [2002] EWCA Civ 1369 (26 September 2002)

The tribunal's finding that discrimination against Armenians in Azerbaijan does not cross the threshold of severity required for persecution or breach of Article 3 was reasonable and not erroneous in law.

Citation
[2002] EWCA Civ 1369
Parties
Appellant/respondent: Norair Sarkisian; Respondent/applicant: Secretary of State for the Home Department
Jurisdiction
England and Wales
Judgment Date
26 September 2002
Procedural Posture
Immigration Appeal / Application for Permission to Appeal to Court of Appeal
Outcome
application refused
Legal Topics
Asylum, Persecution, Article 3 ECHR, Geneva Refugee Convention, Ethnic Discrimination
Immigration Human Rights Asylum Persecution Article 3 ECHR Geneva Refugee Convention Ethnic Discrimination

Case Brief

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Parties

Norair Sarkisian

Appellant/respondent

Secretary of State for the Home Department

Respondent/applicant

Procedural Posture

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

Legal Issues

  1. 1 Whether the tribunal erred in law by failing to properly consider background evidence regarding persecution of Armenians in Azerbaijan
  2. 2 Whether discrimination against Armenians in Azerbaijan amounts to persecution or degrading treatment under Article 3 ECHR

Ratio Decidendi

The tribunal's finding that discrimination against Armenians in Azerbaijan does not cross the threshold of severity required for persecution or breach of Article 3 was reasonable and not erroneous in law.

Court Disposition

application refused

Orders

  • permission to appeal refused