Becerikli v Secretary of State for the Home Department [2006] EWCA Civ 693 (09 May 2006)

Becerikli v Secretary of State for the Home Department [2006] EWCA Civ 693 (09 May 2006)

It is reasonably arguable that the immigration judge's failure to consider and apply the relevant country guidance case and risk factors was a material error of law, justifying the grant of permission to appeal.

Citation
[2006] EWCA Civ 693
Parties
Claimant/appellant: Becerikli; Defendant/respondent: The Secretary of State for the Home Department
Jurisdiction
England and Wales
Judgment Date
09 May 2006
Procedural Posture
Asylum and Immigration Appeal / Renewed Application for Permission to Appeal From the Asylum and Immigration Tribunal
Outcome
permission to appeal granted
Legal Topics
Asylum, Risk on Return, Country Guidance Cases, Internal Flight Alternative, Error of Law
Immigration Law Human Rights Law Asylum Risk on Return Country Guidance Cases Internal Flight Alternative Error of Law

Case Brief

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Parties

Becerikli

Claimant/appellant

The Secretary of State for the Home Department

Defendant/respondent

Procedural Posture

Asylum and Immigration Appeal / Renewed Application for Permission to Appeal From the Asylum and Immigration Tribunal

Legal Issues

  1. 1 Whether the immigration judge erred in law by failing to consider relevant country guidance and risk factors in assessing risk on return to Turkey
  2. 2 Whether the findings of fact by the immigration judge were open to challenge

Ratio Decidendi

It is reasonably arguable that the immigration judge's failure to consider and apply the relevant country guidance case and risk factors was a material error of law, justifying the grant of permission to appeal.

Court Disposition

permission to appeal granted

Orders

  • Permission to appeal granted to be heard before a court including at least one Lord Justice with asylum expertise.