EM (Zimbabwe) v SSHD [2009] EWCA Civ 1006 (20 July 2009)

EM (Zimbabwe) v SSHD [2009] EWCA Civ 1006 (20 July 2009)

It is arguable that the immigration judge's reasons for dismissing the appeal were inadequate, as there was insufficient assessment of the appellant's involvement in MDC activities and the risk of being identified by Zimbabwean authorities. The determination may be flawed for failing to properly consider whether the...

Source-derived case information.

Citation
[2009] EWCA Civ 1006
Parties
Appellant: EM (Zimbabwe); Respondent: SSHD
Jurisdiction
England and Wales
Judgment Date
20 July 2009
Procedural Posture
Asylum Appeal / Renewed Application for Permission to Appeal
Outcome
permission to appeal granted
Legal Topics
Risk on Return, Country Guidance, Persecution, Political Activity
Immigration Law Asylum Law Risk on Return Country Guidance Persecution Political Activity

Source-derived case record

Summary, issues, holding and outcome

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Parties

EM (Zimbabwe)

Appellant

SSHD

Respondent

Procedural Posture

Asylum Appeal / Renewed Application for Permission to Appeal

Legal Issues

  1. 1 Whether the immigration judge erred in dismissing the asylum appeal by failing to properly assess the risk to the appellant as an MDC supporter on return to Zimbabwe
  2. 2 Whether sufficient consideration was given to the appellant's activities in the UK and the risk of being identified by Zimbabwean authorities

Ratio Decidendi

It is arguable that the immigration judge's reasons for dismissing the appeal were inadequate, as there was insufficient assessment of the appellant's involvement in MDC activities and the risk of being identified by Zimbabwean authorities. The determination may be flawed for failing to properly consider whether the appellant's established activities were sufficient to found a claim of risk on return.

Court Disposition

permission to appeal granted

Orders

  • Application for permission to appeal is granted.