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UK - Immigration Appeals Tribunal, 9 June 2000, Smith v Secretary of State for the Home Department (Liberia) [2000] UKIAT 00TH02130
Country of applicant: Liberia
Keywords: Country of origin, Nationality

The issue of an applicant’s nationality is integral to a claim for refugee status. In the great majority of asylum applications the nationality of the applicant is not in issue, but when it is put in doubt decision-makers must address it. Failure to do so would offend the nationality logic that underlies the refugee definition set out in Art 1A(2). The burden of proof in respect of nationality is on the applicant although the evidential burden may shift.

Date of decision: 09-06-2000
Relevant International and European Legislation: EN - Qualification Directive, Directive 2004/83/EC of 29 April 2004,1951 Refugee Convention,Art 1A (2),Art 4,UNHCR Handbook,Para 195,Para 196,Para 197,Para 88
UK - Court of Appeal, 19 January 2000, Secretary of State for The Home Department, Ex Parte Adan R v. Secretary of State for The Home Department Ex Parte Aitseguer, R v. [2000] UKHL 67
Country of applicant: Algeria, Somalia
Keywords: Indirect refoulement, Non-state actors/agents of persecution, Safe third country

In assessing whether a state is a safe third country with regard to its interpretation of the 1951 Refugee Convention, it was not sufficient to assess whether the foreign state’s interpretation of the Convention was reasonable. The Secretary of State for the Home Department had to be satisfied that the foreign state applied the one true interpretation of the Convention decided upon by the UK Courts.

Date of decision: 19-01-2000
Relevant International and European Legislation: EN - Qualification Directive, Directive 2004/83/EC of 29 April 2004,1951 Refugee Convention,Art 1A (2),Art 6,Art 21,UNHCR Handbook,Para 65
UK - House of Lords, 2 April 1998, Secretary of State for the Home Department, Ex parte Adan, [1998] UKHL 15
Country of applicant: Somalia
Keywords: Circumstances ceased to exist, Indiscriminate violence, Persecution (acts of)
A person who leaves his own country because of a well-founded fear of being persecuted for a Convention reason and later is unable, or, owing to that fear is unwilling, to avail himself of that country's protection even when the grounds for his fear have gone, does not have the status of a refugee.
 
In addition, in a State where there is a civil war when law and order has broken down and every group is fighting one another for political power then, to be entitled to refugee status, a group or individual the individual or group has to show a well-founded fear of persecution over and above the risk to life and liberty inherent in the civil war.
Date of decision: 02-04-1998
Relevant International and European Legislation: EN - Qualification Directive, Directive 2004/83/EC of 29 April 2004,1951 Refugee Convention,Art 1A (2),Art 9,UNHCR Handbook,Para 164
UK - Court of Appeal, 13 February 1998, Lazarevic v Secretary of State For Home Department [1997] EWCA Civ 1007; [1997] Imm AR 251
Country of applicant: Somalia
Keywords: Persecution (acts of), Nationality

The Court of Appeal held that an asylum-seeker unable to return to his country of origin may indeed be entitled to recognition as a refugee provided only that the fear or actuality of past persecution still plays a causative part in his or her presence here. Further, the refusal of the State of nationality to permit return can constitute persecution.

Date of decision: 13-02-1998
Relevant International and European Legislation: EN - Qualification Directive, Directive 2004/83/EC of 29 April 2004,1951 Refugee Convention,Art 1A (2),Art 4,Art 1C (5),UNHCR Handbook,Para 91,Para 164,Para 98,Para 99,Para 168