B (Risk on return – Country conditions)
| Jurisdiction | England & Wales |
| Judge | VICE PRESIDENT |
| Judgment Date | 01 October 2004 |
| Neutral Citation | [2004] UKIAT 338 |
| Court | Immigration Appeals Tribunal |
| Date | 01 October 2004 |
[2004] UKIAT 338
IMMIGRATION APPEAL TRIBUNAL
Mrs J A J C Gleeson (Vice President)
Mr P Bompas
For the appellant: Miss R. Brown, Home Office Presenting Officer
For the respondent : Miss P. Gandhi of Counsel, instructed by Chelvathamby & Sons
B (Risk on return — Country conditions) Sri Lankan
The Secretary of State appeals with leave against the determination of an Adjudicator allowing the appellant's appeal against his refusal to recognise him as a refugee. The Tribunal confirmed with Miss Gandhi the core facts which the Adjudicator is to be regarded as having found. The appellant was by occupation a tailor, who made clothes for the Tigers and repaired them from time to time. He was forced to undergo combat training, but his combat experience consisted mostly of carrying a few shells and he never actually fought for the Tigers. He was, however, injured at the front and whilst he was recovering was allowed to rest and train other tailors for the Tigers.
Shortly after that he travelled to the Vanni which was then in Sri Lankan government hands. He appears to have been safe there until the Sri Lankan government captured Jaffna and the LTTE moved to the Vanni at which time he was arrested by the LTTE.
When released he headed for Vavuniya where he was arrested by PLOTE. At this point in the story there is considerable confusion. The appellant was either released by PLOTE in March 1999 or in May 2000 and he either arrived in the UK in January 2000 or in October 2000. During the period between his release and his departure the appellant lived with his sister in Anuradhapura, which is in the middle of Sri Lanka, apparently right on the cusp of the combat zone.
Be that as it may, he seems to have had no difficulties there and after a period managed to save up enough money for his passage to the UK. Shortly after his departure, his parents in Trincomalee were questioned about his whereabouts. (His wife is still in Mulamkalvil.) The appellant is in contact by letter with his parents and presumably also with his wife and sister although there is no evidence to that effect.
He was released by PLOTE on payment of a bribe and apart from the visit to his parents just after the release there is no evidence of any continuing interest. The Prevention of Terrorism Act and...
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Upper Tribunal (Immigration and asylum chamber), 2004-10-01, [2004] UKIAT 338 (B (Risk on return, Country conditions))
...ar-SA } ar Heard at Field House On: 12 July 2004 IMMIGRATION APPEAL TRIBUNAL B (Risk on return – Country conditions) Sri Lankan [2004] UKIAT 00338 Date Determination notified: 1 October 2004 Before: Mrs J A J C Gleeson (Vice President) Mr P Bompas Between Secretary of State for the Home Dep......