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England and Wales Court of Appeal (Civil Division) Decisions |
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You are here: BAILII >> Databases >> England and Wales Court of Appeal (Civil Division) Decisions >> TG (Ethiopia) v Secretary of State for the Home Department [2006] EWCA Civ 1800 (11 December 2006) URL: http://www.bailii.org/ew/cases/EWCA/Civ/2006/1800.html Cite as: [2006] EWCA Civ 1800 |
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IN THE COURT OF APPEAL (CIVIL DIVISION)
ON APPEAL FROM THE ASYLUM & IMMIGRATION TRIBUNAL
[AIT No. HX/03493/2005]
Strand London, WC2 |
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B e f o r e :
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TG (Ethiopia) | CLAIMANT/APPELLANT | |
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SECRETARY OF STATE FOR THE HOME DEPARTMENT | DEFENDANT/RESPONDENT |
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THE RESPONDENT DID NOT APPEAR AND WAS NOT REPRESENTED.
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Crown Copyright ©
"The question though for me is whether that arrest and detention took place in the circumstances and for the reasons that the appellant has himself claimed, or whether he was simply one of what appear to have been a considerable number of innocent people subjected to such ill-treatment by the Ethiopian government because they were wrongly suspected of support for the OLF."
"So far as the detention in 1995 is concerned, there are major discrepancies in the accounts given by the appellant about his experiences then. At paragraph 4 of the further statement, and in his oral evidence, the appellant stated that one of the members of the cell who was arrested had a brother who was an OLF fighter; as a result this person was detained for three years."
"The security forces came to my home as the meeting was finishing and arrested all of us as we were leaving the house. One person was kept in prison for three years without being charged or going to Court. The reason he was treated so severely was when they looked in to his background they found out that his brother was a fighter for the OLF."
He goes on to say that he was detained for a period of 45 days. His claimed treatment is set out in paragraph 5 of the same statement.
"However, this was contradicted by what he had had to say [… in] his SEF. […] There he said that his own brother had been detained for three years without charge or trial."
The further statement and the oral evidence was given in 2005 and the SEF statement was given in 2002. The immigration judge continued:
"On the other hand at paragraph 5 of the appeal statement the appellant quite specifically states that the Ethiopian authorities did carry out a check into his family background and discovered that his family were not educated and did not appear to be involved in politics."
It is quite clear when one looks at the SEF statement that the appellant is stating that the check that was carried out was carried out in 1995, prior to his release.
Order: Application granted.