QUEEN'S BENCH DIVISION
THE ADMINISTRATIVE COURT
B e f o r e :
|THE QUEEN ON THE APPLICATION OF AHMET AYTAC||(CLAIMANT)|
|IMMIGRATION APPEAL TRIBUNAL||(DEFENDANT)|
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)
MR P PATEL appeared on behalf of the DEFENDANT
Crown Copyright ©
"He considers your simultaneous claims that your village was constantly raided by the Turkish gendarmes and that PKK guerrillas stayed at your village where you helped them, however, to be in conflict and therefore undermine the legitimacy of your account. The Secretary of State does not consider it credible that the guerrillas would have spent so much time in a village which was allegedly raided so frequently by the authorities, or, if this was indeed the case, that the gendarmes would not have discovered your alleged activities until eight months after your return to your village."
"He finds the alleged facts that you ran away to Istanbul to avoid the authorities and your attendance at HADEP meetings and the May Day demonstration, however, to be in conflict. The Secretary of State considers this to demonstrate that you deliberately brought yourself to the attention of the authorities even though you claim to have been fleeing from them because you believed yourself to be a target."
"However, there was considerable change by October 1999 when he claims to have been detained for the third time. By then Ocalan had instructed the PKK to withdraw from Turkey and most had. There were a few dissident groups, but the Appellant suggests he was at that time regularly helping the PKK by sheltering them. He does not explain how this became known to the authorities. The violence had considerably reduced and it seems to me that the authorities would have been unlikely to target him at that time more than two years after his previous detention when he had not come to their attention in the interim. In addition he was arrested from his home where he says the PKK were sheltered yet does not claim any other member of his family was troubled as a result of this save at the time he was arrested. Had he been suspected of helping the PKK from his home I would have expected his father to have been detained at the same time."
"Similarly by May 2000 the authorities in Istanbul would have in my view been unlikely to detain and torture a man unknown to them at a time when the security situation had improved and the armed struggle was at an end."
"The findings as to the risk of return are equally valid. Returned asylum seekers do have travel documents despite what is stated in the ground."