ALEX MUKASA v Secretary of State for the Home Department/
| Jurisdiction | England & Wales |
| Court | Court of Appeal (Civil Division) |
| Judge | LORD JUSTICE CARNWATH |
| Judgment Date | 20 December 2005 |
| Neutral Citation | [2005] EWCA Civ 1600 |
| Docket Number | C5/2005/2022 |
| Date | 20 December 2005 |
Lord Justice Carnwath
C5/2005/2022
IN THE SUPREME COURT OF JUDICATURE
IN THE COURT OF APPEAL (CIVIL DIVISION)
ON APPEAL FROM ASYLUM AND IMMIGRATION TRIBUNAL
(MR SL BATISTE)
Royal Courts of Justice
Strand
London, WC2
MS SHAZJA KHAN (instructed by Messrs Parker Rhodes, 14 & 22 Moorgate Street, Rotherham S60 2DA) appeared on behalf of the Applicant
THE RESPONDENT DID NOT APPEAR AND WAS NOT REPRESENTED
This is an application for permission to appeal against a decision of the Senior Immigration Judge, Mr Batiste, on 20th July 2005. He dismissed the appellant's appeal against a decision of the Secretary of State refusing asylum.
His case was that he had lived in Kampala in northern Uganda and that he had been the victim of attacks by a group called the Lord's Resistance Army and had been taken into captivity by them. He says that he had been forced to do various demeaning types of work and that also there had been various raids, in which the captives had been given weapons to use in the event of fighting. He was able to escape eventually but then discovered from his friends that he had been identified by the authorities as linked to the rebels and that accordingly he needed to escape. Eventually he left the country and came here.
The only point which is raised in substance, although it is put in different ways, is that the Adjudicator failed to take account of a significant part of the evidence. The Adjudicator had not accepted the account of what had happened and did not accept the credibility of the appellant. He referred to a number of matters which he said went against his credibility but, in a part of that passage, he said this:
"The authorities, if they were aware of him at all, would have been aware that he was kidnapped by the LRA along with many others in the raid on Katakwi. On his own account he was not personally involved in fighting during any of the raids, though he was with a group of rebels who did fight on many occasions. He deliberately carried a stick rather than a weapon to mark himself out as a non-combatant. Even on the low standard of proof applicable, I accept Mr Richardson's submission that it is implausible that the Appellant would have been identified by the authorities as a rebel combatant to the extent that they would have taken such a focused adverse interest in him, involving the publication of extensive photographs on posters in Katakwe and Kampala, and repeated visits to his home in Kampala."
He also accepted the submission by Mr Richardson, who had appeared on behalf of the Secretary of State, that there were doubts about the credibility of the account of his escape. In the conclusion he said that, on the evidence as a whole, the core account lacked credibility.
The point which it is said was overlooked was set out in the application for permission to appeal. That is based on the note of Ms Khan (who appeared before the judge as she appeared before...
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