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

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

The Adjudicator was entitled to reject the claimant's account as fabricated and to find no well-founded fear of persecution. The expert report did not corroborate the claimant's case, as it was based on untrue factual premises. There was no error of law or principle in the Adjudicator's or Tribunal's decisions.

Source-derived case information.

Parties
Claimant: Ebrahim Shahdad; Defendant: Immigration Appeal Tribunal; Interested Party: Secretary of State for the Home Department
Jurisdiction
England and Wales
Judgment Date
09 May 2003
Procedural Posture
Judicial Review / Final Judgment
Outcome
application dismissed
Legal Topics
Asylum, Judicial Review, Evidence Assessment, Expert Evidence
Immigration Administrative Law Asylum Judicial Review Evidence Assessment Expert Evidence

Source-derived case record

Summary, issues, holding and outcome

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Parties

Ebrahim Shahdad

Claimant

Immigration Appeal Tribunal

Defendant

Secretary of State for the Home Department

Interested Party

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the Adjudicator erred in rejecting the claimant's account regarding membership of the Basij
  2. 2 Whether the Adjudicator failed to properly consider and give reasons for rejecting the expert report by Mr Joffe
  3. 3 Whether the claimant faced a well-founded fear of persecution based on religious and political beliefs

Ratio Decidendi

The Adjudicator was entitled to reject the claimant's account as fabricated and to find no well-founded fear of persecution. The expert report did not corroborate the claimant's case, as it was based on untrue factual premises. There was no error of law or principle in the Adjudicator's or Tribunal's decisions.

Court Disposition

application dismissed

Orders

  • application for judicial review dismissed
  • no order as to costs except standard form for detailed assessment of claimant's publicly funded costs