Chaudhry, R (on the application of) v Special Adjudicator & Anor [2000] EWHC Admin 62 (26 January 2000)
The Special Adjudicator's failure to analyse the claim on the basis of political opinion did not constitute an error of law because, even if so analysed, the claim lacked strong prospects of success; the persecution was a personal vendetta, not for political opinions. The approach to internal flight was correct and consistent with relevant legal principles.
- Citation
- [2000] EWHC Admin 62
- Parties
- Claimant: Chaudhry; Defendant: Special Adjudicator; Defendant: Secretary of State for the Home Department
- Jurisdiction
- England and Wales
- Judgment Date
- 26 January 2000
- Procedural Posture
- Judicial Review / Final Judgment
- Outcome
- Application dismissed
- Legal Topics
- Persecution by Non State Actors, Convention Grounds for Asylum, Political Opinion as a Basis for Asylum, Internal Flight Alternative
Case Brief
Summary, issues, holding and outcome
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Parties
Chaudhry
Claimant
Special Adjudicator
Defendant
Secretary of State for the Home Department
Defendant
Procedural Posture
Judicial Review / Final Judgment
Legal Issues
- 1 Whether the Special Adjudicator erred in law by failing to consider persecution for political opinion as a Convention ground
- 2 Whether the Special Adjudicator erred in her approach to internal flight alternatives
Ratio Decidendi
The Special Adjudicator's failure to analyse the claim on the basis of political opinion did not constitute an error of law because, even if so analysed, the claim lacked strong prospects of success; the persecution was a personal vendetta, not for political opinions. The approach to internal flight was correct and consistent with relevant legal principles.
Court Disposition
Application dismissed
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