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

Immigration – Asylum seeker. The Court of Appeal, Civil Division, dismissed the Secretary of State's appeal against the Upper Tribunal (Immigration and Asylum Chamber), by which decision the respondent's appeal against a refusal of asylum had been allowed. The tribunal had not failed to make a finding as to risk based on actual political opinion. The court discussed, as obiter dicta, the determination of refugee status where the underlying ground of persecution was imputed, as opposed to actual, political opinion and it was open to the applicant to take avoiding action.

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