NB (Mixed Ethnicity- Ethiopian-Eritrean)
| Jurisdiction | England & Wales |
| Judge | M W RAPINET |
| Judgment Date | 14 February 2003 |
| Neutral Citation | [2002] UKIAT 6526 |
| Date | 14 February 2003 |
| Court | Immigration Appeals Tribunal |
| Docket Number | Appeal No. HX12237-2002 |
[2002] UKIAT 6526
IMMIGRATION APPEAL TRIBUNAL
Mr M W Rapinet (Chairman)
Mrs S I Hewitt, JP
Appeal No. HX12237-2002
For the appellant: Ms A. Oliso of the Refugee Legal Centre
For the respondent: Miss J. Sigley, Home Office Presenting Officer
NB (Mixed Ethnicity — Ethiopian-Eritrean) Ethiopia CG
The appellant is a citizen of Ethiopia who appeals by leave of the Tribunal against the determination of an Adjudicator, Mr T.J. Cary, dismissing her appeal against the respondent's decision to refuse to grant her asylum and to give directions for removal to Ethiopia
The appellant arrived in this country in July last year and shortly after arrival claimed asylum.
The basis of her claim is that she is the daughter of a mixed marriage, her mother being Ethiopian and her father Eritrean. The family lived in Ethiopia and she has an Ethiopian passport. The appellant left Ethiopia for Saudi Arabia in May 1999 to work in that country as a domestic servant. After her departure her father received a letter from the government requiring the family to leave Ethiopia. She has never suffered any persecution in Ethiopia and it would appear that her parents have left the country, though where they are she knows not. She has a half sister in this country with whom she is currently living. Her father had two wives and kept two establishments in Ethiopia, her sister in this country is the child of the second wife. She claims that she could not be returned to Ethiopia because she would not be allowed to enter the country as she is Eritrean and her life would be at risk in Ethiopia.
The Adjudicator has found that the appellant would be recognised as an Ethiopian were she to return to that country. She was born in Addis Ababa of an Ethiopia mother and an Eritrean. She had never been to Eritrea. She speaks Amharic and held an Ethiopian passport when she left the country in May 1999. She regards herself as Ethiopian. For reasons which are set out in some detail in the determination the Adjudicator finds that there was no risk that she would be persecuted were she to return to Ethiopia. These reasons are set out in paragraphs 49 to 53 of the determination. The Adjudicator has also rejected claims made under Articles 3 and 8 of the Human Rights Act.
Miss Oliso submitted that because the appellant is of mixed ethnicity she would be deported from Ethiopia to Eritrea and her rights under Articles 3 and 8 would be infringed. She has a half sister in this country who is recognised as a refugee and with whom she has developed a family life since her arrival. There is no family life in Ethiopia as her family has dispersed. In considering the Article 8 claim the Adjudicator had attached too much importance to the fact that the appellant and her half sister did not have a family life together in Ethiopia. Miss Oliso accepted that the half sisters had led separate lives in Ethiopia but points out that they are blood relations and the appellant herself would have no family life in Ethiopia.
Miss Sigley in her submissions maintained that the Adjudicator's findings are perfectly sound. There were certain discrepancies in the appellant's evidence, in particular in relation to whether or not the appellant was or was not in Ethiopia at the time the family received the expulsion letter. The appellant had no problems in Ethiopia and in Miss Sigley's submission the Adjudicator has fully considered all the objective evidence. Miss Oliso in her submissions had referred us to a letter (no. 19 in her bundle) which is from a Miss Susan Rogers who is the Country Officer for Angola, Ethiopia and Eritrea, addressed to Mr Stuart Ousley, Home Office Presenting Officer Unit in Feltham. This letter is dated 2 August 2001 and states:
‘In reply to your fax dated 12 July 2001 I regret to say that the information I have received this week indicates that deportation of Eritreans from Ethiopia are continuing as UNHCR has suggested in their letter that despite the previous information which was that they had ceased.
The current information I have is marked ‘Restricted’ so I cannot provide it for use at the hearing, however it seems to me that in view of this it would...
To continue reading
Request your trial
-
Upper Tribunal (Immigration and asylum chamber), 2011-06-30, [2011] UKUT 252 (IAC) (ST (Ethnic Eritrean - nationality - return))
...present determination: GG (Return – Eritrean) Ethiopia CG [2002] UKIAT 05996; NB (Mixed Ethnicity – Ethiopian – Eritrean) Ethiopia CG [2002] UKIAT 06526; AA (Children – Eritrean) Ethiopia CG UKIAT 06533; TG (Mixed Ethnicity) Ethiopia CG [2002] UKIAT 07289; and DA (Ethnicity – Eritrean – Cou......
-
ST (Ethnic Eritrean – nationality – return)
...present determination: GG (Return – Eritrean) Ethiopia CG [2002] UKIAT 05996; NB (Mixed Ethnicity – Ethiopian – Eritrean) Ethiopia CG [2002] UKIAT 06526; AA (Children – Eritrean) Ethiopia CG UKIAT 06533; TG (Mixed Ethnicity) Ethiopia CG [2002] UKIAT 07289; andDA (Ethnicity – Eritrean – Coun......
-
Upper Tribunal (Immigration and asylum chamber), 2003-02-14, [2002] UKIAT 6526 (NB (Mixed Ethnicity, Ethiopian, Eritrean))
...} h4.ctl { font-family: "Times New Roman", serif } ar Appeal No. HX12237-2002 NB (Mixed Ethnicity- Ethiopian-Eritrean) Ethiopia CG [2002] UKIAT 06526 IMMIGRATION APPEAL TRIBUNAL Date of Hearing : 27 September 2002 Date Determination notified: 14/02/2003. Before: Mr M W Rapinet (Chairman) Mr......