AM (Pakistan) v Secretary of State for the Home Department [2007] EWCA Civ 339 (26 January 2007)

AM (Pakistan) v Secretary of State for the Home Department [2007] EWCA Civ 339 (26 January 2007)

The appeal was dismissed because the Tribunal's findings on credibility and risk of persecution were rational and based on the evidence. The appellant failed to show a real risk of persecution as an Ahmadi proselytiser, and the Tribunal did not err in law or approach.

Citation
[2007] EWCA Civ 339
Parties
Claimant/applicant: AM (Pakistan); Defendant/respondent: Secretary of State for the Home Department
Jurisdiction
England and Wales
Judgment Date
26 January 2007
Procedural Posture
Asylum Appeal / Appeal From Asylum & Immigration Tribunal to Court of Appeal (civil Division)
Outcome
appeal dismissed
Legal Topics
Asylum, Religious Persecution, Standard of Proof, Credibility Assessment
Immigration Law Human Rights Law Asylum Religious Persecution Standard of Proof Credibility Assessment

Case Brief

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Parties

AM (Pakistan)

Claimant/applicant

Secretary of State for the Home Department

Defendant/respondent

Procedural Posture

Asylum Appeal / Appeal From Asylum & Immigration Tribunal to Court of Appeal (civil Division)

Legal Issues

  1. 1 Whether the Asylum & Immigration Tribunal erred in its assessment of the appellant's risk of persecution as an Ahmadi Muslim if returned to Pakistan
  2. 2 Whether the Tribunal applied the correct standard of proof
  3. 3 Whether the Tribunal's credibility findings were rational

Ratio Decidendi

The appeal was dismissed because the Tribunal's findings on credibility and risk of persecution were rational and based on the evidence. The appellant failed to show a real risk of persecution as an Ahmadi proselytiser, and the Tribunal did not err in law or approach.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed.