IA, Re Leave To Appeal

under section 103B of the Nationality, Immigration and Asylum Act 2002 against a decision of the Asylum and Immigration Tribunal

[2] The applicant claimed before the tribunal that requiring him to leave the United Kingdom in consequence of the respondent's decision would be a breach of the United Kingdom's obligations under the Geneva Convention of 1951 relating to the Status of Refugees, as amended by the protocol to the Convention 1967 (collectively the Refugee Convention) and would be unlawful under section 6 of the Human Rights Act 1998, as being incompatible with the appellant's rights under the 1950 Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR).

[6] In the primary written submission lodged by UNHCR, dated 22 October 2010 (15 of process) its position as regards the issue which is focused in the present application is noted as follows:

"For the foregoing reasons, UNHCR submits that in determining whether a person is refugee for the purposes of the 1951 Convention and/or 1967 protocol, the UK decision maker must give considerable weight to, and seriously take into account, the fact that that person has been recognised previously by the UNHCR under its mandate as a refugee when determining risk and assessing the credibility of his or her claim for asylum protection". (para 41).

[8] As previously noted, the tribunal had had regard to the decision in the case of KK . At the outset of its findings and reasons (at para 24) the tribunal referred to passages from the KK decision which were to the following effect: