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S.M.G. v. The Secretary of State for the Home Department [2009] CSIH 30
Location: Case TypesImmigration    
Posted by: Euan A. Dow 11/19/2009 3:41 PM

Application for Leave to Appeal under Section 103B of the Nationality Immigration and Asylum Act 2002:- On 5 September 2005 the applicant, an Iranian national, applied to the respondent for asylum in the United Kingdom. That application was refused on 3 November 2005. He appealed that decision to the Asylum and Immigration Tribunal and the appeal was heard by an immigration judge who, on 19 January 2006, refused the appeal. The applicant then sought an order requiring the Tribunal to reconsider its decision on the appeal. which it did and, with the consent of parties, decided that the immigration judge had made a material error of law and that the Tribunal should re-hear the appeal. The appeal was then re-heard by an immigration judge who, on 17 July 2007, dismissed the appeal. The applicant then applied for permission to appeal under section 103B of the 2002 Act which was refused by the Tribunal and here he sought leave to appeal. The applicant's case before the Tribunal was that he was at risk of execution if he was returned to Iran due to his sexuality, however, the applicant's assertions were disbelieved by the Tribunal. Here the court considered whether the Tribunal had materially misdirected itself by reason of a failure to consider his claim on the correct basis.

Court: Court Of Session (Inner House) (Scotland)
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