IN THE COURT OF APPEAL (CIVIL DIVISION)
ON APPEAL FROM THE ASYLUM AND IMMIGRATION TRIBUNAL
(AIT NO.AS/11744/2004)
Strand London, WC2 |
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B e f o r e :
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BECERIKLI | CLAIMANT/APPELLANT | |
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THE SECRETARY OF STATE FOR THE HOME DEPARTMENT | DEFENDANT/RESPONDENT |
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Smith Bernal Wordwave Limited
190 Fleet Street, London EC4A 2AG
Tel No: 020 7404 1400 Fax No: 020 7831 8838
Official Shorthand Writers to the Court)
THE RESPONDENT DID NOT APPEAR AND WAS NOT REPRESENTED.
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Crown Copyright ©
"We consider that the starting point in any enquiry into risk on return should normally begin not with the airport on return, but with whether the claimant would be at any real risk of persecution or breach of article 3 in his home area as a consequence of his material history there. If the answer to that is no, then the claim cannot normally succeed unless of course the risk arises from or is aggravated by other factors, such as his material activities abroad or in other parts of Turkey."
Order: Application granted.