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You are here: BAILII >> Databases >> United Kingdom Asylum and Immigration Tribunal >> S v Secretary of State for the Home Department (Srilanka) [2003] UKIAT 00001 (22 May 2003) URL: https://www.bailii.org/uk/cases/UKIAT/2003/00001.html Cite as: [2003] UKIAT 1, [2003] UKIAT 00001 |
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IN THE IMMIGRATION APPEAL TRIBUNAL
[2003[ UKIAT 00001 S (Sri Lanka
)
Heard: 11.04.03
Typed: 17.04.03
Sent out: 22.05.2003 Reprom 29.05.03
Before:
John Freeman (chairman)
and
Mr A Smith
Between:
Mr I Graham for the Secretary of State
Miss S Jegarajah (counsel instructed by KP Nathan & Co) for the claimant
This is an appeal from a decision of an adjudicator (Miss C Griffith), sitting at Taylor House on 5 September 2002, allowing an asylum and human rights appeal by a Tamil citizen of Sri Lanka
. The grounds of appeal suggest, among other things, that there is nothing to show that this case falls into the exceptional category required for it to succeed, in terms of the Presidential decision in Jeyachandran [2002] UKIAT 01869.
... it is only in exceptional cases that a person returned to Sri Lanka
will attract the attention of the authorities there and that such persons are likely to be limited to those who are wanted persons. The question is whether the case of the applicant is an exceptional case as a person likely to be of interest to the Sri Lankan authorities and so likely to be detained, it being conceded that, once he is detained, there is a substantial risk of persecution.
I accept that the Tribunal examines the situation in the country from which the refugee is fleeing as at the date of its determination. However in the present case in my judgment there was nothing wrong with the adjudicator's determination, there was therefore no reason to appeal it and it would be wrong for the Home Secretary, on the back of an appeal which has been dismissed, to seek to re-examine the threat to the refugee with reference to a date later than the adjudicator's determination.
The reference to an appeal being dismissed is slightly curious, as the adjudicator had allowed the claimant's appeal, and the Tribunal had allowed the Home Office appeal from that; but one can see what was meant.
In considering- (a) any ground mentioned in section 69, or |
|
(b) any question relating to the appellant's rights under Article 3 of the Human Rights Convention, the appellate authority may take into account any evidence which it considers to be relevant to the appeal (including evidence about matters arising after the date on which the decision appealed against was taken). (§ 102.2 is in similar terms, but not limited to asylum or human rights appeals: it specifically refers to matters arising after the adjudicator's decision). |
1996 – 1998 assisting Tamil Tigers at the front, as a medical orderly, initially under duress, but with some weapons training, and at one stage taking part in the fighting
May – July 2000 detained by police in Colombo, with ill-treatment, as suspected Tamil Tiger, under the Prevention of Terrorism Act; released on the intervention of the International Committee of the Red Cross, to sign on, which he does not
August 2000 – detained by army in Vavuniya, with ill-treatment, as suspected
August 2001 Tamil Tiger; released on bribe paid by his uncle to pro-government militia, who kept him "in hiding" till he left Sri Lanka
in October
Appeal allowed
John Freeman (chairman)