C v Secretary of State for the Home Department (China)

Mr A Yuen (working under the supervision of 'Phoenix Nova', solicitors) for the claimant

This is an appeal from a decision of an adjudicator (Miss DA Thomas), sitting at Nottingham on 8 February 2002, allowing an asylum and human rights appeal by a citizen of China. Leave was given on the basis that the adjudicator might have misunderstood the decision of the Tribunal in Bin & Bang [01/BH/0059] , which had been before her. The hearing was held over, first to await the further decision of the Tribunal in Liu [2002] UKIAT 03683 (as Mr Yuen, who appeared in that case, told us it should properly be called; then by some administrative oversight, for which we are sorry.

� we do not consider that either [ claimant ] has made out his case � that he is at risk of treatment contrary to Article 3 on return to China. � the weight of the objective evidence is very much against the argument that they raised, and we do not consider that that evidence is in any sense outweighed by the wealth of evidence concerning the practice of loansharks and snakeheads towards people whose contracts with them have succeeded and who have failed to repay them.