Claughton v Charalamabous
| Jurisdiction | England & Wales |
| Judgment Date | 17 March 1998 |
| Date | 17 March 1998 |
| Court | Chancery Division |
Queen's Bench Division
Jowitt J
Miss M Phelan for the applicant
A Maclean for the respondent
No cases are referred to in the judgment
Asylum appeal dismissed citizen of India experience of police brutality in the Punjab fear of like treatment on return whether generalised police brutality per se would give rise to a well-founded fear of persecution for a Convention reason.
The applicant seeking judicial review of the refusal by the Tribunal to grant leave to appeal against the determination of an adjudicator, was a citizen of India. He had been refused asylum by the Secretary of State. Following terrorist outrages in the Punjab he had been rounded-up and ill-treated by the police. He claimed he feared like treatment in the future if he returned to India.
The adjudicator had concluded that as a lowly member of Babar Kalsa, the applicant would not be at risk from the police: he also concluded that excesses by the police were not now tolerated by the Indian government and the police could not be considered agents of persecution under the Convention. Those conclusions were challenged as Wednesbury unreasonable.
Held:
1. The special adjudicator had been entitled to rely on the Ottawa Report and to conclude that on return to India the applicant would be of no interest to the police in the Punjab.
2. In any event, generalised brutality by the police which occurred all over India and was not related to the particular circumstances or background of a prisoner, would not itself per se give rise to a well-founded fear of persecution for a Convention reason.
Jowitt J: This is an application for leave to move for judicial review of the Immigration Appeal Tribunal's refusal of leave to appeal the decision of the special adjudicator, dismissing the applicant's appeal against the refusal by the Secretary of State of his claim for asylum.
The applicant comes from India. He was a member of the Babar Khalsa party. It was members of that political party who murdered Beant Singh in about August 1995, he being the Chief Minister of the Punjab. Not surprisingly after that murder members of that party were rounded up to be interrogated by the police. The applicant says he was one of those who was rounded up. Indeed, he was arrested twice, brutally treated and his leg was broken.
It was in October 1995 that he came to this country. The applicant had left India by air on his own...
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