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

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

The claimant failed to establish a genuine fear of persecution or risk of torture or inhuman treatment upon return to the Kurdish Autonomous Area, and the delay in promulgation did not result in unfairness or affect the outcome.

Parties
Claimant: Sobhi Samad Shariff; Defendant: Immigration Appeal Tribunal
Jurisdiction
England and Wales
Judgment Date
13 February 2003
Procedural Posture
Judicial Review / Final Judgment
Outcome
application dismissed
Legal Topics
Asylum, Refugee Status, Article 3 ECHR, State Protection, Delay in Adjudication
Immigration Human Rights Asylum Refugee Status Article 3 ECHR State Protection Delay in Adjudication

Case Brief

Summary, issues, holding and outcome

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Parties

Sobhi Samad Shariff

Claimant

Immigration Appeal Tribunal

Defendant

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the claimant's return to Iraq would infringe Article 3 ECHR rights
  2. 2 Whether the Adjudicator erred in rejecting the asylum claim
  3. 3 Whether delay in promulgation of the Adjudicator's decision affected fairness

Ratio Decidendi

The claimant failed to establish a genuine fear of persecution or risk of torture or inhuman treatment upon return to the Kurdish Autonomous Area, and the delay in promulgation did not result in unfairness or affect the outcome.

Court Disposition

application dismissed

Orders

  • application for judicial review dismissed
  • legal aid assessment granted to claimant's advocate