Case summaries
UK - Immigration Appeal Tribunal, 10 June 1994, Kaja (Political asylum; standard of proof) (Zaire) [1994] UKIAT 11038
Country of applicant:
Congo (DRC)
The Immigration Appeal Tribunal (IAT) addressed the question of whether the assessment of facts and the determination of refugee status involved a two stage process with different standards of proof. The standard of proof for the assessment of status is “reasonable degree of likelihood.”
Date of decision:
10-06-1994
Relevant International and European Legislation:
EN - Qualification Directive, Directive 2004/83/EC of 29 April 2004,1951 Refugee Convention,Art 4,Art 1A,UNHCR Handbook,Para 42
ECtHR - Soering v. The United Kingdom, Application No. 14038/88, 7 July 1989
Country of applicant:
Germany
Keywords:
Effective remedy (right to), Inhuman or degrading treatment or punishment, Legal assistance / Legal representation / Legal aid, Torture, Death penalty / Execution
The Court found that in the event of the United Kingdom Secretary of State’s decision to extradite a fugitive indicted of murder in the United States being implemented, there would be a violation of Article 3 due to the possibility of his conviction of a death sentence, and the treatment and punishment he would face on death row in Virginia.
Date of decision:
07-07-1989
Relevant International and European Legislation:
1951 Refugee Convention,ECHR (Sixth Protocol),International Law,Council of Europe Instruments,EN - Convention for the Protection of Human Rights and Fundamental Freedoms,UN Convention against Torture