Kadir, petitioner

Immigration – Asylum – Human rights: Granting a judicial review petition in which an Iraqi national challenged a decision to certify his asylum and human rights claims as clearly unfounded, the petitioner having been granted asylum in Greece in 2012 but claiming to have a well-founded fear of persecution and harm there, by a racist and xenophobic political party Golden Dawn, due to his race, the court held that the UNHCR report of December 2014 on the asylum situation in Greece should have been considered in the decision letter, and as it had not been taken into account the petitioner's claim could not be said to have received anxious scrutiny: an immigration judge, having considered, inter alia, the UNHCR report, could legitimately take a different view to the respondent and find in the petitioner's favour, and the respondent had therefore erred in holding that the claims were clearly unfounded.

Category: