A B v. The Secretary Of State For The Home Department

in application for leave to appeal against a decision of an Immigration Judge of the Asylum and Immigration Tribunal under Section 103B of the Nationality, Immigration and Asylum Act 2002

[4] The appellant went on to say that he had also helped several times by having people to stay in his home. When people stayed with him, it was for three or four days. After his father was released on the second occasion, he did not go home but went into hiding. The appellant said that, at that time, his mother, who had been head of a girls' school, was dismissed and she too went into hiding.

[8] Looking at the decision of the Immigration Judge, it fell into two parts. The first part dealt with the background to the case and was largely uncontroversial. However, from paragraph 30 onwards to the end of the decision, the Immigration Judge had dealt with the controversial issues. The background was that the appellant and his father had given protection to Jewish persons in Iran . One of these had been executed as an alleged spy. The appellant's father had been detained on two occasions, had been granted bail and had fled with his wife from Iran to Canada .

[12] The reasons (iii) and (v) were central buttresses of the Immigration Judge's evaluation of the credibility of the appellant. It was highly likely that these faulty reasons had coloured the Immigration Judge's conclusion generally on the matter of credibility. That was why reconsideration was now desired and appropriate. The issue of whether there was a well-founded fear of persecution was closely and inferentially related to the two documents considered in paragraph 30 of the decision.

[14] In paragraph 34 of his decision the Immigration Judge had reached a conclusion relating to the extent to which now the appellant might be in jeopardy if returned to Iran . It was submitted that the Immigration Judge's decision in this paragraph was perverse and one which he was not entitled to reach. It was an elaborate construction built upon three pillars. Two of those pillars were flawed, in consequence of which the whole edifice collapsed.