KK ( Failed Asylum Seeker)
| Jurisdiction | England & Wales |
| Judge | Vice-President |
| Judgment Date | 27 May 2004 |
| Neutral Citation | [2004] UKIAT 151 |
| Court | Immigration Appeals Tribunal |
| Date | 27 May 2004 |
[2004] UKIAT 151
IMMIGRATION APPEAL TRIBUNAL
Mr S L Batiste (Vice-President)
Mr J Perkins (Vice-President)
Mr G H Getlevog
KK (Failed Asylum Seeker) Libya CG
The Respondent is a citizen of Libya. The Appellant appeals, with leave, against the determination of an Adjudicator, Mr D R Garratt, allowing the Respondent's appeal against the decision of the Appellant on 13 August 2003 to issue removal directions and refuse asylum
Ms R Brown, a Home Office Presenting Officer, represented the Appellant. Mr R Arkhurst represented the Respondent.
The Respondent arrived in the UK on 15 April 2002 and applied for asylum on the same day. The Adjudicator, who heard the appeal on 27 November 2003 and prepared his determination on 8 December 2003, reached properly reasoned and comprehensive adverse credibility findings concerning the factual basis of that claim. However he went on to conclude that, as a returned asylum seeker who left Libya illegally, the Respondent would be at real risk of ill-treatment amounting to persecution. In reaching that conclusion he had before him and considered a report on Libya dated 25 March 2003 by the Dutch Immigration Authorities.
Although the Adjudicator was unaware of this, a full legal panel of the Tribunal chaired by the President was considering this precise point with a view to providing country guidance, in much the same way as it had previously done, with the approval of the Court of Appeal, in SK (Return – Ethnic Serb) Croatia* [2002] UKIAT 05613 and in other subsequent cases. The Tribunal hearing took place on 29 October 2003 and the determination was promulgated on 17 December 2003. In that case the Tribunal took into account not only the material that was before the Adjudicator in this appeal but also had the benefit of a wider range of evidence. It conducted a careful analysis of the country evidence as a whole, including the advice of UNHCR. The Tribunal's key conclusions were
“It is plain that people who are suspected of serious involvement with anti-Libyan political groups are at risk in the event of their return. Then it is argued that there is evidence before us that this risk extends to everyone because the act of seeking asylum abroad is seen as an act against the government of Libya. It is plain that this cannot be right. The Dutch report shows people who have been returned as failed asylum seekers now going about their business in Libya. They had not being persecuted on their return and are not persecuted now. If it were the case that every failed asylum seeker was risk there would be no examples of people being returned safely. The examples of people being seriously ill treated all appear to relate to those who have been involved, or at least seriously suspected of being involved, in serious political activity or are radical Islamic supporters.
It must be the case that the bald assertion that any returned asylum seeker will be persecuted because they will be perceived as someone taking a stance against the government is wrong.”
Ms Brown argued that the only reason given by the Adjudicator in this appeal was that he would be at risk as a failed asylum seeker. The...
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