M v Secretary of State for the Home Department [2006] EWCA Civ 1192 (28 July 2006)

M v Secretary of State for the Home Department [2006] EWCA Civ 1192 (28 July 2006)

The tribunal was entitled to find, on the evidence, that the appellant was an ordinary convert and not a proselytiser. As such, she did not face a real risk of persecution or breach of Articles 2 or 3 ECHR if returned to Iran, in line with established country guidance.

Citation
[2006] EWCA Civ 1192
Parties
Claimant/appellant: M; Defendant/respondent: Secretary of State for the Home Department
Jurisdiction
England and Wales
Judgment Date
28 July 2006
Procedural Posture
Asylum and Human Rights Appeal / Appeal to Court of Appeal (civil Division) From Asylum and Immigration Tribunal
Outcome
appeal dismissed
Legal Topics
Asylum, Religious Persecution, European Convention on Human Rights, Apostasy, Proselytisation, Risk Assessment
Immigration Law Human Rights Law Asylum Religious Persecution European Convention on Human Rights Apostasy Proselytisation Risk Assessment

Case Brief

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Parties

M

Claimant/appellant

Secretary of State for the Home Department

Defendant/respondent

Procedural Posture

Asylum and Human Rights Appeal / Appeal to Court of Appeal (civil Division) From Asylum and Immigration Tribunal

Legal Issues

  1. 1 Whether the appellant, as a Christian convert from Iran, faces a real risk of persecution or breach of Articles 2 and 3 ECHR if returned to Iran
  2. 2 Whether the appellant should be classified as an 'ordinary convert' or as a proselytiser, affecting risk assessment

Ratio Decidendi

The tribunal was entitled to find, on the evidence, that the appellant was an ordinary convert and not a proselytiser. As such, she did not face a real risk of persecution or breach of Articles 2 or 3 ECHR if returned to Iran, in line with established country guidance.

Court Disposition

appeal dismissed

Orders

  • application refused