GA (_Risk-Bihari__)

JurisdictionEngland & Wales
JudgeDR H H STOREY
Judgment Date20 December 2002
Neutral Citation[2002] UKIAT 5810
CourtImmigration Appeals Tribunal
Date20 December 2002
Docket NumberHX49280-2001

[2002] UKIAT 5810

IMMIGRATION APPEAL TRIBUNAL

Before:-

Mr M W Rapinet (Chair)

Dr H H Storey

Mrs E Hurst

HX49280-2001

Between
Mr Galam Azam
Appellant
and
Secretary of State for the Home Department
Respondent

GA (_Risk-Bihari__) Bangladesh CG

DETERMINATION AND REASONS
1

The appellant, a Bihari from Bangladesh, has appealed with leave of the Tribunal against a determination of Adjudicator, Dr R Kekic, dismissing the appeal against the decision by the respondent giving directions for removal following refusal to grant asylum. Mr B Banerjee of Counsel instructed by Malik & Michael Solicitors represented the appellant. Miss J Sigley appeared for the respondent.

2

The Tribunal has decided to dismiss this appeal.

3

The basis of the appellant's claim was that he had been arrested 3 times in 1998, had had his shop burnt down in March 1999 by miscreants or terrorists and had then been attacked in March 1999. He claimed that if returned he would face further difficulties at the hands of the same miscreants or terrorists as well at the hands of the authorities.

4

The adjudicator accepted that the appellant was of Bihari ethnic origin. She made no finding on his claim to past arrests, but accepted he had become the targets from attacks from extortionists. She concluded that, since he had now lost his business and savings, these persons would no longer have an adverse interest in him. She did not accept his evidence that he had had a false case registered against him or that he had been pursued wherever he went. She did not think his position could be equated with that of most other Biharis in Bangladesh in that he was educated and had better chances of obtaining work.

5

The grounds complained that the adjudicator had wrongly disregarded the systematic attacks on the appellant by members of the Awami League and had failed to recognise that anti-Bihari sentiment is very grave in Bangladesh and that the government and administration instigate the miscreants and the police to persecute the Bihari people.

6

At the outset of the hearing Mr Banerjee sought to raise one additional argument first alluded to by the Vice President in granting leave. That concerned the appellant's nationality or lack of it. He contended that the appellant was stateless.

7

However, although being identified by the respondent as a national of Bangladesh, the appellant had not challenged this before the adjudicator and no nationality issue was raised in the grounds of appeal to the Tribunal. Furthermore, we cannot see that such a ground, even if we had been prepared to treat it as such, assisted the appellant in establishing his case either on asylum or human rights grounds. Even if he were accepted as stateless, he could still not succeed in his appeal unless he was able to establish a well-founded fear of persecution or treatment contrary to his human rights in his country of former habitual residence. As Mr Banerjee conceded, the appellant's country of former habitual residence was Bangladesh.

8

Mr Banerjee sought to argue further that if the appellant was stateless and without a passport the Bangladesh authorities would not accept him back. He referred in this connection to a 1999 determination of the Tribunal in the case of Dubchenko (21863). However, as the Tribunal has made plain in a number of cases, most recently in Sensitev (01/TH/01351) and Pavlov [2002] UKIAT 02544, if a country of origin will not take back a claimant, then he will not be at risk of persecution because in such a situation Home Office...

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3 cases
  • Upper Tribunal (Immigration and asylum chamber), 2008-10-13, [2008] UKAIT 76 (SH (prison conditions))
    • United Kingdom
    • Upper Tribunal (Immigration and Asylum Chamber)
    • 13 October 2008
    ...AA(Bihari-Camps) Bangladesh CG [2002] UKIAT 01995, H (Fair Trial) Bangladesh CG [2002] UKIAT 05410 and GA (Risk-Bihari) Bangladesh CG [2002] UKIAT 05810 are now removed from the list of AIT country guidance cases. DETERMINATION AND REASONS 1. The appellant is a national of Bangladesh born o......
  • Sh (Prison Conditions)
    • United Kingdom
    • Asylum and Immigration Tribunal
    • 30 June 2008
    ...AA(Bihari-Camps) Bangladesh CG [2002] UKIAT 01995, H(Fair Trial) Bangladesh CG [2002] UKIAT 05410 and GA (Risk-Bihari) Bangladesh CG [2002] UKIAT 05810are now removed from the list of AIT country guidance cases. DETERMINATION AND REASONS 1 The appellant is a national of Bangladesh born on 1......
  • R (Khan) v Secretary of State for the Home Department
    • United Kingdom
    • Queen's Bench Division (Administrative Court)
    • 30 April 2004
    ...argument by Mr Khan does not accord with the objective material as summarised by the Immigration Appeal Tribunal in the case of Azam [2002] UKIAT 05810. That appellant, Mr Azam, was a Bihari who had been the subject of attacks. The Tribunal, in dismissing his appeal, said that the backgroun......

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