header-logo header-logo

24 February 2011
Issue: 7454 / Categories: Case law , Law digest
printer mail-detail

Asylum

BA v Secretary of State for the Home Department [2011] UKUT 36 (IAC), [2011] All ER (D) 193 (Feb)

The factors bearing on the risk on return of dissidents who had engaged in sur place activities fell under four heads. For each factor there was a spectrum of risk. Further, the factors were not exhaustive and might overlap. The first head was the type of sur place activity involved.

The factors to be considered under that head were: (i) what the demonstrators wanted and how they would be characterised by the regime in question; (ii) the role played by the individual and his political profile; (iii) the extent of his participation; and (iv) the extent and nature of the publicity which the demonstration attracted.

The second head was the risk that the person would be identified as engaging in the sur place activity. The factors to be considered under that head were how the regime identified dissidents and what capacity it had to identify individuals.

The third head was the factors that would trigger inquiry/action upon return. Specifically:

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

NLJ Career Profile: Mark Hastings, Quillon Law

NLJ Career Profile: Mark Hastings, Quillon Law

Mark Hastings, founding partner of Quillon Law, on turning dreams into reality and pushing back on preconceptions about partnership

Kingsley Napley—Silvia Devecchi

Kingsley Napley—Silvia Devecchi

New family law partner for Italian and international clients appointed

Mishcon de Reya—Susannah Kintish

Mishcon de Reya—Susannah Kintish

Firm elects new chair of tier 1 ranked employment department

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
back-to-top-scroll