Y.H. FOR JUDICIAL REVIEW OF A DECISION OF THE UPPER TRIBUNAL (IMMIGRATION AND ASYLUM CHAMBER)

For Judicial Review of a decision of the Upper Tribunal (immigration and Asylum Chamber) dated 3 rd September 2012 refusing permission to appeal against a decision of the First Tier Tribunal (Immigration and Asylum Chamber)

[1] The petitioner seeks judicial review of a decision of the Upper Tribunal (Immigration and Asylum Chamber) dated 3 September 2012 refusing permission to appeal against a decision of the First Tier Tribunal dated 18 June 2012.

[2] The petitioner is a Chinese national. She arrived in the UK in August 2008 on a student visa valid until August 2009. That was renewed until August 2011. However she overstayed the period of her visa and claimed asylum in March 2012. She did so on the basis that she was a member of the Chinese Democratic Party and that she faced persecution on her return to China.

It seems to me that the Appellant may have joined the party with a view to this helping her in her claim for asylum and this may be how and why the Appellant's photograph is on the said website.

I have given consideration to the said case of BA and the factors which require to be taken into consideration by me including the nature of sur place activity, identification risk, factors triggering inquiry/action on return, consequences of identification and the issue of identification risk on return.