H v Secretary of State for the Home Department

The immigration judge failed to apply the correct legal test regarding risk from sur place activities and did not properly engage with or address relevant expert evidence on credibility and risk, rendering the determination unsafe.

Parties: Claimant/appellant: H; Defendant/respondent: The Secretary of State for the Home Department
Jurisdiction: England and Wales
Judgment Date: 05 May 2006
Procedural Posture: Asylum/immigration Appeal / Appeal From Asylum and Immigration Tribunal to Court of Appeal
Outcome: appeal allowed
Legal Topics: Asylum, Refugee Sur Place, Credibility Assessment, Risk on Return, Procedural Fairness

Immigration Law Human Rights Law Asylum Refugee Sur Place Credibility Assessment Risk on Return Procedural Fairness

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Parties

Claimant/appellant

The Secretary of State for the Home Department

Defendant/respondent

Procedural Posture

Asylum/immigration Appeal / Appeal From Asylum and Immigration Tribunal to Court of Appeal

Legal Issues

1 Whether the immigration judge properly considered the risk to the appellant due to sur place activities
2 Whether the immigration judge properly assessed the credibility of the appellant's evidence regarding his activities in Syria
3 Whether the immigration judge failed to engage with relevant expert evidence

Ratio Decidendi

Court Disposition

appeal allowed

Orders

matter remitted for rehearing before the Asylum and Immigration Tribunal
leave granted to adduce further evidence limited to sur place activities and attitude of Syrian authorities