BR (Iraq) v Secretary of State for the Home Departement [2006] EWCA Civ 1766 (21 November 2006)

BR (Iraq) v Secretary of State for the Home Departement [2006] EWCA Civ 1766 (21 November 2006)

The tribunal's rejection of the applicant's and witness's credibility was justified and not undermined by failure to refer to specific documents; objective evidence did not establish that all doctors are at risk on return to Iraq absent individualised circumstances.

Citation
[2006] EWCA Civ 1766
Parties
Claimant/appellant: BR (Iraq); Defendant/respondent: Secretary of State for the Home Department
Jurisdiction
England and Wales
Judgment Date
21 November 2006
Procedural Posture
Asylum and Human Rights Appeal / Application for Permission to Appeal to Court of Appeal
Outcome
permission to appeal refused
Legal Topics
Asylum, Article 3 ECHR, Credibility Assessment, Risk on Return, Treatment of Professionals in Iraq
Immigration Law Human Rights Law Asylum Article 3 ECHR Credibility Assessment Risk on Return Treatment of Professionals in Iraq

Case Brief

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Parties

BR (Iraq)

Claimant/appellant

Secretary of State for the Home Department

Defendant/respondent

Procedural Posture

Asylum and Human Rights Appeal / Application for Permission to Appeal to Court of Appeal

Legal Issues

  1. 1 Whether the tribunal erred in failing to refer to documentary evidence relevant to credibility
  2. 2 Whether the tribunal failed to consider risk to the applicant as a medical practitioner on return to Iraq

Ratio Decidendi

The tribunal's rejection of the applicant's and witness's credibility was justified and not undermined by failure to refer to specific documents; objective evidence did not establish that all doctors are at risk on return to Iraq absent individualised circumstances.

Court Disposition

permission to appeal refused

Orders

  • application refused