R v Immigration appeal tribunal ex parte Hector De Jesus Lopez Hernandez
| Jurisdiction | England & Wales |
| Judgment Date | 15 June 1994 |
| Date | 15 June 1994 |
| Court | Queen's Bench Division |
Queen's Bench Division
Auld J
O Davies for the applicant
R Plender QC for the respondent
No cases are referred to in the judgment
Political asylum persecution by non-government group citizen of Colombia veterinary administrator assertion that guerilla group obliged him to supply them with drugs fear of consequences of refusal assertion that authorities were unable to protect him whether special adjudicator correct to find applicant's circumstances did not bring him within the Convention whether recommendation that Secretary of State should consider granting applicant exceptional leave inconsistent with that finding. Handbook on procedures and criteria for determining refugee status (1979) para. 65.
Application for leave to move for judicial review of the Tribunal's refusal of leave to appeal from the determination of special adjudicator who had dismissed an appeal against the Secretary of State's refusal to grant asylum. The applicant was a citizen of Colombia, a veterinary administrator who claimed he had been obliged to supply drugs and medicines to a guerilla group. He feared the consequences of refusing to co-operate with them. He had not asked for the protection of government forces, but asserted they would be unable to protect him.
Albeit the adjudicator had concluded that the applicant had exaggerated in his account of events, he had accepted that the applicant had been obliged to supply drugs to guerillas. He concluded however that the applicant's history did not bring him within the Convention. He dismissed the appeal: nevertheless, accepting that the applicant would be at risk from retribution by guerillas, he recommended the Secretary of State to review the case with a view to considering the grant of exceptional leave. The Secretary of State did review the case but decided not to grant such leave.
Before the court counsel submitted that the special adjudicator had erred in concluding that the applicant's case did not fall within the Convention: his recommendation to the Secretary of State was inconsistent with that conclusion.
Held
1. The adjudicator was correct to conclude that the circumstances and experiences of the applicant, as the adjudicator accepted them to be, did not bring the applicant within the terms of the Convention.
2. It was not inconsistent with that conclusion for him to recommend that the Secretary of State review the case.
3. The Secretary of State had done so: his conclusion adverse to the applicant could not be attacked on Wednesbury principles.
Auld J: This is an application by Hector De Jesus Lopez Hernandez for leave to apply for judicial review against the determination of the Immigration Appeal Tribunal of 8 March 1994 refusing him leave to appeal against the determination of the special adjudicator of 28 February 1994 dismissing his appeal against the Secretary of State's refusal on 10 September 1993 to grant him asylum, and the consequential decision of an immigration officer...
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Upper Tribunal (Immigration and asylum chamber), 2000-11-24, [2000] UKIAT 7 (EG (Non-state actors: Acero-Garces disapproved))
...had he accepted her account he was not satisfied there was a Convention reason. Relying in this regard on Auld, J in ex parte Hernandez [1994] Imm AR 506 he wrote:“The facts of that case were that the applicant had feared the consequences of refusing to co-operate with guerrillas to the ext......
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Gomez (Non-state actors: Acero-Garces disapproved)
...had he accepted her account he was not satisfied there was a Convention reason. Relying in this regard on Auld, J in ex parte Hernandez [1994] Imm AR 506 he wrote: “The facts of that case were that the applicant had feared the consequences of refusing to co-operate with guerrillas to the ex......