Koci v Secretary of State for the Home Department

Koci v Secretary of State for the Home Department

The IAT was not justified in reversing the adjudicator's findings, as those findings were not plainly wrong and were supported by the evidence. The CIPU report did not undermine the expert evidence or the adjudicator's conclusions. The IAT failed to consider the appellant's individual circumstances and the specific risk he faced. The adjudicator's determination that the appellant would face a real risk of treatment contrary to Articles 2 and 3 ECHR if returned to Albania was properly open to him.

Parties
Applicant/appellant: Dashamir Koci; Respondent/respondent: Secretary of State for the Home Department
Jurisdiction
England and Wales
Judgment Date
22 October 2003
Procedural Posture
Civil Appeal (immigration/human Rights) / Appeal From Immigration Appeal Tribunal to Court of Appeal
Outcome
appeal allowed
Legal Topics
Asylum, Blood Feuds, Article 2 ECHR, Article 3 ECHR, Effective State Protection, Findings of Fact on Appeal
Immigration Law Human Rights Law Asylum Blood Feuds Article 2 ECHR Article 3 ECHR Effective State Protection Findings of Fact on Appeal

Case Brief

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Parties

Dashamir Koci

Applicant/appellant

Secretary of State for the Home Department

Respondent/respondent

Procedural Posture

Civil Appeal (immigration/human Rights) / Appeal From Immigration Appeal Tribunal to Court of Appeal

Legal Issues

  1. 1 Whether the Immigration Appeal Tribunal was justified in reversing the adjudicator's findings on the risk to the appellant under Articles 2 and 3 ECHR
  2. 2 Whether the appellant could obtain effective protection from the Albanian authorities against a blood feud
  3. 3 Whether the IAT failed to consider the appellant's individual circumstances

Ratio Decidendi

The IAT was not justified in reversing the adjudicator's findings, as those findings were not plainly wrong and were supported by the evidence. The CIPU report did not undermine the expert evidence or the adjudicator's conclusions. The IAT failed to consider the appellant's individual circumstances and the specific risk he faced. The adjudicator's determination that the appellant would face a real risk of treatment contrary to Articles 2 and 3 ECHR if returned to Albania was properly open to him.

Court Disposition

appeal allowed

Orders

  • Decision of the Immigration Appeal Tribunal set aside in respect of the Human Rights claim
  • Adjudicator's determination restored