Qamar, Re appeal against a determination [2004] ScotCS 76 (16 March 2004)

Qamar, Re appeal against a determination [2004] ScotCS 76 (16 March 2004)

The adjudicator's findings, based on credible evidence, established a real risk of arrest and treatment contrary to Article 3 ECHR. The Immigration Appeal Tribunal erred in law by disregarding these findings on unreasonable grounds. The appeal is allowed and the adjudicator's decision restored.

Citation
[2004] ScotCS 76
Parties
Applicant: Amir Qamar; Respondents: The Immigration Appeal Tribunal
Jurisdiction
Scotland
Judgment Date
16 March 2004
Procedural Posture
Appeal Under Paragraph 24 of Schedule 4 to the Immigration and Asylum Act 1999 / Appeal Against Immigration Appeal Tribunal Determination
Outcome
appeal allowed
Legal Topics
Asylum, Deportation, Article 3 ECHR, Risk of Torture, Wednesbury Unreasonableness
Immigration Law Human Rights Law Asylum Deportation Article 3 ECHR Risk of Torture Wednesbury Unreasonableness

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Parties

Amir Qamar

Applicant

The Immigration Appeal Tribunal

Respondents

Procedural Posture

Appeal Under Paragraph 24 of Schedule 4 to the Immigration and Asylum Act 1999 / Appeal Against Immigration Appeal Tribunal Determination

Legal Issues

  1. 1 Whether the appellant faces a real risk of arrest and treatment contrary to Article 3 ECHR if deported to Pakistan
  2. 2 Whether the Immigration Appeal Tribunal erred in law by overturning the adjudicator's findings

Ratio Decidendi

The adjudicator's findings, based on credible evidence, established a real risk of arrest and treatment contrary to Article 3 ECHR. The Immigration Appeal Tribunal erred in law by disregarding these findings on unreasonable grounds. The appeal is allowed and the adjudicator's decision restored.

Court Disposition

appeal allowed

Orders

  • decision of the adjudicator restored