Anwar v Secretary Of State For Home Department [2002] EWCA Civ 1726 (20 November 2002)

Anwar v Secretary Of State For Home Department [2002] EWCA Civ 1726 (20 November 2002)

There is a reasonable prospect of successfully arguing that the applicant is a refugee and that the question of reasonable internal relocation to the KAR is materially different from Gardi, justifying permission to appeal.

Citation
[2002] EWCA Civ 1726
Parties
Appellant/applicant: Yusef Yusef Anwar; Respondent/respondent: The Secretary of State for the Home Department
Jurisdiction
England and Wales
Judgment Date
20 November 2002
Procedural Posture
Immigration Appeal / Permission to Appeal Granted by Court of Appeal
Outcome
permission to appeal granted
Legal Topics
Internal Relocation, Well Founded Fear of Persecution, Protection Test, Undue Hardship
Immigration Law Refugee Law Internal Relocation Well Founded Fear of Persecution Protection Test Undue Hardship

Case Brief

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Parties

Yusef Yusef Anwar

Appellant/applicant

The Secretary of State for the Home Department

Respondent/respondent

Procedural Posture

Immigration Appeal / Permission to Appeal Granted by Court of Appeal

Legal Issues

  1. 1 Whether the applicant is a refugee given his origin from Ba'ath Party controlled Iraq rather than the Kurdish Autonomous Region (KAR)
  2. 2 Whether internal relocation to the KAR is a reasonable expectation for the applicant
  3. 3 Whether the protection test and undue hardship considerations were properly applied

Ratio Decidendi

There is a reasonable prospect of successfully arguing that the applicant is a refugee and that the question of reasonable internal relocation to the KAR is materially different from Gardi, justifying permission to appeal.

Court Disposition

permission to appeal granted

Orders

  • Applications allowed
  • Appeal to be heard by three Lords Justices