NAK, Re A Decision Of The Asylum And Immigration Tribunal

[1 ] This is an appeal under section 103B of the Nationality Immigration and Asylum Act 2002 as amended by the Asylum and Immigration (Treatment etc) Act 2004 which proceeds with leave of the Asylum and Immigration Tribunal.

[3 ] For present purposes we do not need to rehearse the appellant's account in full detail. But a brief summary is as follows.

[6 ] The appellant also explained that, in addition to what might be described as the wider politics, there is a land dispute in the background. Three named individuals in political opposition to the appellant and his father were in dispute over ownership of some of the appellant's family's land. These individuals obtained favour in the new Government by making allegations against the Hizbi-Islami and especially the appellant. In his absence they were successful in obtaining possession of the disputed land.

[8 ] Against that background the appellant considers that he is under threat were he to return to Afghanistan from both the Taliban, who, though no longer holding power, remain a significant force, and also from the forces of the new Government.

[10 ] Before us counsel for the appellant made plain that the Immigration Judge's conclusion that the appellant was excluded from the protection of the Refugee Convention by Article 1F( b) was not under challenge. This appeal is directed towards the Immigration Judge's rejection of what might be termed the Human Rights Convention claim.