QUEENS BENCH DIVISION
London, WC2A 2LL
B e f o r e :
| R (on the application of EBRAHIM SHAHDAD)
|- and -
|IMMIGRATION APPEAL TRIBUNAL
Smith Bernal Wordwave Limited, 190 Fleet Street
London EC4A 2AG
Tel No: 020 7421 4040, Fax No: 020 7831 8838
Official Shorthand Writers to the Court)
Mr Daniel Beard (instructed by the Treasury Solicitor) for the Secretary of State for the Home Department
Crown Copyright ©
Mr Justice Munby:
"since the appellant was a devout Muslim, I do not find that the appellant would have been of any interest to the Iranian authorities because of his religious beliefs. The appellant's account that he was neither arrested nor detained, nor had any difficulties with the Iranian authorities, reinforces this position."
"the religious teacher … posed only local difficulty to the appellant. At most, I believe it would have amounted to a dislike, and an abuse of a position, which had some influence. However, the fact that the appellant had no problems with the security forces in Iran leads me to conclude that the difficulties he may have faced from his religious teacher were discrimination … I do not believe the actions described could amount to persecution."
"I do not believe the appellant has a well-founded fear of persecution in Iran. I do not find that he would be of interest to the Iranian authorities for his minority religious beliefs. I do not believe he had any involvement with the Basij, and so his claims on those points do not give rise to any well-founded fear."
"The Adjudicator failed to refer to the expert report as corroboration of any other part of the Claimant's appeal, most importantly, the central part of the Claimant's case that he had been a member of the Basij. In addition, in his report, Mr Joffe also addresses the risk on return to the Appellant. Nowhere in the Adjudicator's determination does he (a) accept or reject Mr Joffe's report or (b) state what weight he attaches to the report."