APPEAL No.  UKIAT 00186 U (Afghanistan)
Date of hearing:
Date Determination notified: 28 October 2003
|Secretary of State for the Home Department||RESPONDENT|
The permission to appeal
"The warlords are still ruling and have got no respect for human rights."
It was submitted that as a result of this single reference, the adjudicator failed to consider a key part of the appellant's case and thereby materially erred.
"The appellant was asked specifically what he feared in Afghanistan and his reply was the Taliban. He added that the Taliban had taken over his land. He reasserted how the Taliban wanted to recruit his sons in order to fight on their behalf and they were demanding money from him. The appellant was a shopkeeper in Qandahar. The appellant feared the Taliban and those supporters of the Taliban in his village. Before the deadline was up which had been given by the Taliban the appellant left the area. The appellant's home area was a Taliban stronghold.. The appellant said that the Taliban were still in control of Qandahar."
The application for an adjournment
The Article 3 and Article 8 claims
"I had taken account of the overall family situation. The appellant is a married man with eight children. Inevitably they will have settled in school and be pursuing lives in this country. There is bound to the disruption therefore when they go back to Afghanistan. Nevertheless, they will all travel as one family unit, and any interference is, in my judgment, proportionate. I have looked at this case in the round in order to assess whether or not there will be any breach of this appellant's human rights by return and concluded that there would not. That appeal is also dismissed."
Decision: The appellant's appeal is dismissed.
28 October 2003