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a decision of the Asylum and Immigration Tribunal dated 12 November 2007 refusing leave to appeal against a decision of a Senior Immigration Judge dated 22 August 2007
[1] In terms of section 103B of the Nationality Immigration and Asylum Act 2002 the applicant seeks leave to appeal against a decision of the Asylum and Immigration Tribunal (" AIT ") dated 12 November 2007 refusing leave to appeal to the Court of Session against a decision of a Senior Immigration Judge ("SIJ") dated 22 August 2007 .
[2] The applicant, a citizen of Afghanistan, entered the United Kingdom illegally on 21 July 2006 and applied for asylum three days later on the grounds that he came from Nangarhar Province and had been involved since his childhood with Herzb-e-Islami Gulbuddin (" HIG "), a Mujahideen group founded by Gulbuddin Hekmatyar (otherwise Hikmatyar), which has close links to Osama bin Laden. It is a proscribed terrorist organization in the United Kingdom .
[3] The appellant was involved in military action on behalf of HIG and took over as commander when his father, who had been a close associate of Hikmatyar, was killed. The appellant had then used money belonging to HIG to fund his departure from Afghanistan . He claimed asylum on the basis that if he were to be returned to Afghanistan he would be at risk of persecution not only from the Afghan authorities because of his previous involvement with HIG but also from members of HIG itself because of his desertion and taking HIG 's money as well as the many enemies of HIG , his father and himself.
[4] On 3 October 2006 the Secretary of State for the Home Department ("the respondent") rejected the applicant's asylum application and on 7 October notified the appellant of the respondent's decision to give directions for his removal from the United Kingdom as an illegal immigrant. The appellant appealed to an Immigration Judge ("IJ") and the appeal was heard on 17 November 2006 . By decision received by the applicant on 4 January 2007 the IJ refused the applicant's appeal.
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