IN THE COURT OF APPEAL (CIVIL DIVISION)
ON APPEAL FROM AN IMMIGRATION APPEAL TRIBUNAL
B e f o r e :
LORD JUSTICE BUXTON
LORD JUSTICE MAY
|SECRETARY OF STATE FOR THE HOME DEPARTMENT||Defendant/Respondent|
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MR P PATEL (instructed by Treasury Solicitor, London SW1H 9JS) appeared on behalf of the Respondent
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"... it is clear to me that there are substantial grounds that there is a real risk that the appellant would be tortured on his return to Sri Lanka. He will be of interest to the authorities there, and as such is likely to be detained. There is substantial evidence about the likelihood of torture against political detainees in Sri Lanka."
"The Director explained that if a returnee were not wanted they would not be stopped at the airport. However, when the CID are certain that the individual has committed or been convicted of an offence then they would be stopped. A computer holds the name, address and age of any wanted person."
That aspect of the evidence does not seem to me to have been sufficiently addressed by the Immigration Appeal Tribunal. Had they asked themselves a question that specifically directed itself to this applicant, rather than to the situation in general, I find it difficult or impossible to accept that they could have come to a conclusion other than that this applicant was at a sufficient level of danger on return to Sri Lanka, and that there was about his case a sufficient likelihood that he might be detained, to bring him within the provisions of the Refugee Convention.
Order: Appeal allowed. Detailed assessment of the Appellant's costs.