Smaili, R (on the application of) v Immigration Appeal Tribunal

The Immigration Appeal Tribunal was justified in finding the adjudicator's decision perverse due to internal inconsistencies and lack of adequate reasoning regarding the risk of persecution upon return to Iran.

Source-derived case information.

Parties: Claimant: Ciamak Smaili; Defendant: Immigration Appeal Tribunal; Interested Party: Secretary for the Home Department
Jurisdiction: England and Wales
Judgment Date: 15 August 2005
Procedural Posture: Judicial Review / Judgment on Application for Judicial Review
Outcome: Application for judicial review dismissed
Legal Topics: Asylum, Persecution, Judicial Review, Perversity of Decision

Immigration Law Human Rights Law Asylum Persecution Judicial Review Perversity of Decision

Source-derived case record

Summary, issues, holding and outcome

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Full judgment text Downloadable case file Legal principles 1 Party arguments 2

Parties

Ciamak Smaili

Claimant

Immigration Appeal Tribunal

Defendant

Secretary for the Home Department

Interested Party

Procedural Posture

Judicial Review / Judgment on Application for Judicial Review

Legal Issues

1 Whether the Immigration Appeal Tribunal's decision to allow the Home Secretary's appeal was perverse
2 Whether the adjudicator's findings regarding risk of persecution were inconsistent or inadequately reasoned

Ratio Decidendi

Court Disposition

Application for judicial review dismissed

Orders

Permission to appeal refused

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