FM (FIS Amnesty - Seddon report) Algeria CG  UKIAT 00178
Date of hearing: 13 May 2003
Date Determination notified: 11/09/2003
|SECRETARY OF STATE FOR THE HOME DEPARTMENT||APPELLANT|
1. The Adjudicator was in error in not considering whether the interest of the authorities in the Respondent's activities was legitimate and whether the Respondent had a fear of prosecution rather than persecution.
2. The Adjudicator should not have considered Article 33 (2) because this matter had not yet been considered by the Secretary of State and it would become relevant if and only if the Respondent won his appeal.
3. The Adjudicator erred in finding that Article 1 F. was not relevant.
1. The Respondent undertook criminal activities in Algeria but, after he left, an amnesty was declared, entitling him as a former member of FIS/AIS, to an exemption certificate and a relocation package. He can apply for it to the Algerian Embassy in the UK, or in Algeria on return. As a consequence the authorities lost interest in him in 2000 and he will face neither prosecution nor persecution on return. This point was specifically raised before the Adjudicator, but he did not consider it properly or at all.
2. The Adjudicator did not consider whether the interest in the Respondent by the authorities, if any, would be for the legitimate purpose of prosecution.
3. Even if the Respondent was prosecuted for some reason, there is nothing in the prosecutory process that would be persecutory.