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

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

The Adjudicator was entitled to find that there was no real risk that the perpetrators would seek out the claimant if she returned to Moldova, as they did not do so during her stay after the attack, and the authorities provided reasonable protection; thus, the refusal of leave to appeal was justified.

Source-derived case information.

Parties
Claimant: C; Defendant: Immigration Appeal Tribunal
Jurisdiction
England and Wales
Judgment Date
09 April 2003
Procedural Posture
Judicial Review / Judgment on Application for Judicial Review
Outcome
application for judicial review dismissed
Legal Topics
Asylum, Article 3 ECHR, Trafficking, Sufficiency of Protection, Credibility Assessment
Immigration Law Human Rights Law Asylum Article 3 ECHR Trafficking Sufficiency of Protection Credibility Assessment

Source-derived case record

Summary, issues, holding and outcome

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Parties

C

Claimant

Immigration Appeal Tribunal

Defendant

Procedural Posture

Judicial Review / Judgment on Application for Judicial Review

Legal Issues

  1. 1 Whether the Adjudicator's conclusion that the claimant would not be at risk of being kidnapped for prostitution if returned to Moldova was irrational
  2. 2 Whether there was a real risk of insufficient protection by Moldovan authorities against non-state agents

Ratio Decidendi

The Adjudicator was entitled to find that there was no real risk that the perpetrators would seek out the claimant if she returned to Moldova, as they did not do so during her stay after the attack, and the authorities provided reasonable protection; thus, the refusal of leave to appeal was justified.

Court Disposition

application for judicial review dismissed