The asylum applicant had been found to have lied to exaggerate the risk of persecution if he was returned to Somalia. The Court was now asked as to the relevance of that finding, and as to the legitimacy of an appeal court interfering with the factual assessment made by a specialist tribunal relying on an error of law.
Held: The Secretary of State’s appeal succeeded. The Court of Appeal had been wrong to substitute its own judgment of the facts. The AIT’s assessment of the significance of the claimant’s lies was not made in any error of law allowing the CA to replace its own judgment. It was to be particularly acknowledged that distinguishing lies from truth was difficult where, as in this case, others in a similar position might have been subject to the same threat on return as was asserted by the claimant.
Judges:
Lord Phillips (President), Lord Walker, Lady Hale, Lord Mance, Sir John Dyson SC
Citations:
[2010] UKSC 49, UKSC 2010/0114, [2011] 2 All ER 65
Links:
Bailii, SC Summary, SC, Bailii Summary
Jurisdiction:
England and Wales
Citing:
Cited – GM (Eritrea) and others v Secretary of State for the Home Department CA 17-Jul-2008
The claimants sought the protection of the Refugee Convention against deportation to their native Eritrea. Their own accounts of their experiences were doubted, and they sought to rely upon the general country guidance to demonstrate the risks they . .
Appeal from – MA (Somalia) v Secretary of State for Home Department CA 15-Jan-2009
. .
Cited by:
Cited – AM (Evidence – Route of Return) Somalia UTIAC 11-Feb-2011
UTIAC (i) In HH (Somalia) v Secretary of State [2010] EWCA Civ 426 at para 84 the Court of Appeal when referring to the Claimant raising a cogent argument that there might not be a safe route of return was not . .
Cited – G v Scottish Ministers and Another SC 18-Dec-2013
The 2003 Act had been intended to make provision for those who had been in long term mental health carse, but would not need such continued are but were not either ready to survive without continuing support in the community. The claimant had been . .
Lists of cited by and citing cases may be incomplete.
Immigration
Updated: 27 August 2022; Ref: scu.426473
