Upper Tribunal (Immigration and asylum chamber), 2003-12-17, [2003] UKIAT 200 (ME (Risk, Failed asylum seekers, Hassan))
| Jurisdiction | UK Non-devolved |
| Judge | Hon Mr Justice Ouseley, Mr P R Moulden, Mr J Perkins |
| Status | Reported |
| Date | 17 December 2003 |
| Published date | 03 March 2005 |
| Court | Upper Tribunal (Immigration and Asylum Chamber) |
| Hearing Date | 29 October 2003 |
| Subject Matter | Risk, Failed asylum seekers, Hassan |
| Appeal Number | [2003] UKIAT 200 |
IMMIGRATION APPEAL TRIBUNAL
Appeal No: ME (Risk –Failed Asylum Seekers-Hassan)Libya CG [2003] UKIAT 00200
Date heard: 29/10/2003
Date notified: 17/12/2003
Before:
The Honourable Mr Justice Ouseley (President)
Mr P R Moulden
Mr J Perkins
[2003]UKIAT00200 E(Libya)
Appellant
The Secretary of State for the Home Department
Respondents
Determination and Reasons
1) Before us Ms S Conlan, a legal representative from TRP solicitors, appeared for the Appellant and Mr M J Blundell, a Home Office Presenting Officer, appeared for the Respondent.
2) The Appellant is a citizen of Libya. He was born on 22nd July 1970 and so is now aged 33 years. In a determination promulgated on 3rd July 2003, an Adjudicator, Mr J F W Phillips, dismissed his appeal against a decision of the Secretary of State that he was not entitled to refugee status and that removing him would not be contrary to the United Kingdom's obligations under the European Convention on Human Rights. It is against that decision that he appeals. Following statutory review under section 101(2) of the Nationality, Immigration and Asylum Act 2002, Maurice Kay J held that it was arguable that the Appellant would risk persecution or other serious ill-treatment in the event of his return even though the Adjudicator had found the Appellant to be untruthful in important respects.
3) The Appellant said that he arrived in the United Kingdom on 30th December 2002. He claimed asylum on 9th January 2003. He has now been in the United Kingdom for almost a year.
4) The Adjudicator summarised the Appellant's in paragraph 17. The Appellant is a medical practitioner. On 25th October 2002, four prisoners were brought to the hospital where he worked. They were each in a bad condition and one of them died. A colleague of the Appellant's was asked to provide a death certificate showing, untruthfully, that the prisoner died of natural causes. The medical practitioners believed that he had died as a result of ill-treatment and poor prison conditions. The Appellant and his colleagues decided to submit a truthful report to two human rights organisations, one in Switzerland and one in Holland. On 26th December 2002, the Appellant was on holiday when he received a telephone call telling him that two of his colleagues had been arrested. The Appellant said he went immediately to Tunisia which he entered illegally on a desert track that had no customs or immigration control. He then made his way to the United Kingdom where he sought asylum. The Adjudicator believed that the Appellant is a medical practitioner but not much else that he said. In particular, the Adjudicator did not believe that the Appellant was part of a group that compiled a report to submit to human rights organisations or that the Appellant left Libya in fear of imminent arrest or that his colleagues and family members have been arrested or that he told the truth about his mode of entry and date of entry to the United Kingdom.
5) Ms Conlan's primary submission was very simple. She said that it is not safe to return this Appellant to Libya. She supported this proposition with reference to background material.
6) She referred to a Tribunal decision in the case of Hassan [2002] UKIAT 00062 where the Tribunal referred to advice from the Foreign & Commonwealth Office of Libya that anyone returned to Libya after an absence in excess of six months is subject to interrogation by the security authorities. Such people are routinely imprisoned by...
Appeal No: ME (Risk –Failed Asylum Seekers-Hassan)Libya CG [2003] UKIAT 00200
Date heard: 29/10/2003
Date notified: 17/12/2003
Before:
The Honourable Mr Justice Ouseley (President)
Mr P R Moulden
Mr J Perkins
[2003]UKIAT00200 E(Libya)
Appellant
The Secretary of State for the Home Department
Respondents
Determination and Reasons
1) Before us Ms S Conlan, a legal representative from TRP solicitors, appeared for the Appellant and Mr M J Blundell, a Home Office Presenting Officer, appeared for the Respondent.
2) The Appellant is a citizen of Libya. He was born on 22nd July 1970 and so is now aged 33 years. In a determination promulgated on 3rd July 2003, an Adjudicator, Mr J F W Phillips, dismissed his appeal against a decision of the Secretary of State that he was not entitled to refugee status and that removing him would not be contrary to the United Kingdom's obligations under the European Convention on Human Rights. It is against that decision that he appeals. Following statutory review under section 101(2) of the Nationality, Immigration and Asylum Act 2002, Maurice Kay J held that it was arguable that the Appellant would risk persecution or other serious ill-treatment in the event of his return even though the Adjudicator had found the Appellant to be untruthful in important respects.
3) The Appellant said that he arrived in the United Kingdom on 30th December 2002. He claimed asylum on 9th January 2003. He has now been in the United Kingdom for almost a year.
4) The Adjudicator summarised the Appellant's in paragraph 17. The Appellant is a medical practitioner. On 25th October 2002, four prisoners were brought to the hospital where he worked. They were each in a bad condition and one of them died. A colleague of the Appellant's was asked to provide a death certificate showing, untruthfully, that the prisoner died of natural causes. The medical practitioners believed that he had died as a result of ill-treatment and poor prison conditions. The Appellant and his colleagues decided to submit a truthful report to two human rights organisations, one in Switzerland and one in Holland. On 26th December 2002, the Appellant was on holiday when he received a telephone call telling him that two of his colleagues had been arrested. The Appellant said he went immediately to Tunisia which he entered illegally on a desert track that had no customs or immigration control. He then made his way to the United Kingdom where he sought asylum. The Adjudicator believed that the Appellant is a medical practitioner but not much else that he said. In particular, the Adjudicator did not believe that the Appellant was part of a group that compiled a report to submit to human rights organisations or that the Appellant left Libya in fear of imminent arrest or that his colleagues and family members have been arrested or that he told the truth about his mode of entry and date of entry to the United Kingdom.
5) Ms Conlan's primary submission was very simple. She said that it is not safe to return this Appellant to Libya. She supported this proposition with reference to background material.
6) She referred to a Tribunal decision in the case of Hassan [2002] UKIAT 00062 where the Tribunal referred to advice from the Foreign & Commonwealth Office of Libya that anyone returned to Libya after an absence in excess of six months is subject to interrogation by the security authorities. Such people are routinely imprisoned by...
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