LK (AA applied) Zimbabwe  UKAIT 00159
Date of hearing: 8 November 2005
Date Determination notified: 16 November 2005
|Secretary of State for the Home Department||RESPONDENT|
Neither the decision of the Court of Appeal in GH v SSHD  EWCA Civ 1182 nor the suspension of removals to Zimbabwe affects the force of AA  UKAIT 00144 , which remains current country guidance.
"Refugee status will necessarily be in issue when an appeal is brought under section 8 in circumstances where there is apprehension of refoulement. It would be both illogical and impractical to require challenges of decisions as to refugee status to be brought by judicial review where refoulement is not intended."
"That the removal of the appellant from the United Kingdom in consequence of the immigration decision would breach the United Kingdom's obligations under the Refugee Convention or would be unlawful under section 6 of the Human Rights Act 1998 as being incompatible with the appellant's Convention rights."
C M G OCKELTON
Date: 16 Nov 2005