Chaudhry, R (on the application of) v Special Adjudicator & Anor [2000] EWHC Admin 62 (26 January 2000)

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

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Parties

Chaudhry

Claimant

Special Adjudicator

Defendant

Secretary of State for the Home Department

Defendant

Procedural Posture

Judicial Review / Final Judgment

  1. 1 Whether the Special Adjudicator erred in law by failing to consider persecution for political opinion as a Convention ground
  2. 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