Secretary of State for the Home Department v FY (Somalia)

Immigration – Appeal. There had been no error of approach, nor error of law, in the judge's judgment at the First-tier Tribunal (Immigration and Asylum Chamber) when it was determined that the appellant Secretary of State's decision to deport the respondent, FY, to Somalia would interfere with his rights under the European Convention on Human Rights art 3. The Court of Appeal, Civil Division, in dismissing the Secretary of State's appeal, held that properly analysed, the appeal was a straightforward attack upon findings of fact which led to a conclusion with which the Secretary of State did not agree. The judge had had the advantage of seeing and assessing FY, which had been an important advantage that should not be underestimated.

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