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United Kingdom Asylum and Immigration Tribunal
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Cite as:  UKIAT 00025,  UKAIT 00025,  UKIAT 25
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SG (Stateless Nepalese: Refugee? Removal Directions) Bhutan  UKIAT 00025
Date of hearing: 8 November 2004
Date Determination notified: 28 January 2005
|Secretary of State for the Home Department||RESPONDENT|
If an asylum claimant is in truth stateless, it is important to assess his claim by reference to his country of former habitual residence, which will not necessarily be the country of which he has previously said he was a national.
"No authority beyond that of a well-known textbook is cited for the proposition that discrimination in civil rights may go so far as to amount to persecution. It is not easy to reconcile this with the decision of the Court of Appeal in AE & FE  EWCA Civ 1032 and the question needs to be considered by the Tribunal. On this point only, permission to appeal is given."
"Where an immigration decision is made in respect of a person, he may appeal to an Adjudicator."
"82(2)(a) Refusal of leave to enter the United Kingdom.
(g) A decision that a person is to be removed from the United Kingdom by way of directions under s10(1)(a)(b) or (c) of the Immigration and Asylum Act 1999 (removal of persons unlawfully in the United Kingdom).
(h) A decision that an illegal entrant is to be removed from the United Kingdom by way of directions under paragraphs 8-10 of Schedule 2 to the Immigration Act, Control of Entry: Removal.
(i) A decision that a person is to be removed from the United Kingdom by way of directions given by virtue of paragraph 10(a) of that Schedule."
C M G OCKELTON