M v Immigration Appeal Tribunal

M v Immigration Appeal Tribunal

The appellant does not have a well-founded fear of persecution in other parts of Kenya, as he can live discreetly and safely away from his home area. The adjudicator's findings were clear and reasoned, and there is no prospect of success on appeal.

Parties
Applicant: M; Respondent: Immigration Appeal Tribunal
Jurisdiction
England and Wales
Judgment Date
15 June 2005
Procedural Posture
Judicial Review / Renewed Application for Permission to Appeal
Outcome
application refused
Legal Topics
Asylum, Refugee Convention, Sexual Orientation Persecution, Internal Relocation, Sufficiency of Protection
Immigration Law Human Rights Law Asylum Refugee Convention Sexual Orientation Persecution Internal Relocation Sufficiency of Protection

Case Brief

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Parties

M

Applicant

Immigration Appeal Tribunal

Respondent

Procedural Posture

Judicial Review / Renewed Application for Permission to Appeal

Legal Issues

  1. 1 Whether the appellant, a homosexual man from Kenya, has a well-founded fear of persecution if returned to Kenya
  2. 2 Whether internal relocation within Kenya is a viable option for the appellant to avoid persecution
  3. 3 Whether requiring the appellant to live discreetly amounts to a denial of his identity under the Refugee Convention

Ratio Decidendi

The appellant does not have a well-founded fear of persecution in other parts of Kenya, as he can live discreetly and safely away from his home area. The adjudicator's findings were clear and reasoned, and there is no prospect of success on appeal.

Court Disposition

application refused

Orders

  • Application for permission to appeal refused
  • Detailed assessment of appellant's funds given