Reclaimers application for asylum was originally rejected because he had failed to extablish a well founded fear of persecution and also because of credibility issues. Case considers the right to a fair hearing which includes an obligation to ensure that the person whose rights are being affected adversely by a decision of the Tribunal or Court in question is informed adequately of why his case did not succeed.
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Consideration as to whether the peitioner had established a well founded fear of persecution in his homeland of Sri Lanka.
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Asylum:
Petitioner seeking judicial review of the decision of the Immigration Appeal Tribunal which refused leave to appeal against the decision of an adjudicator.The petitioner is seeking reduction of the determinations of both the adjudicator and and IAT on the basis that: the decision of the adjudicator to to determine the appeal without a hearing under procedure rule 43(1)(e) was made under error fact in that the reply form referred to by the adjudicator in para 2 of his determination had in fact be ...
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Judicial Review
Here the petitioner sought a judicial review of a decision made on behalf of the Secretary of State for the Home Department, refusing an application for asylum and refusing to treat the petitioner's submissions as a fresh claim within Rule 353 of the Immigration Rules (HC 395) (as amended). The petitioner was a Belarus national who by letter dated 15 August 2005 requested the Home Office to consider what was described as a fresh claim for asylum. By letter dated 26 November 2005 an official acti ...
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