BA (Perceived bias, Israe, Gaza) Israel

"The Court must first ascertain all the circumstances which have a bearing on the suggestion that the Judge was biased. It must then ask whether those circumstances would lead a fair-minded and informed observer to conclude that there was a real possibility, or a real danger, the two being the same, that the Tribunal was biased."

"One cannot read the objective evidence without feeling the utmost sympathy for the Palestinians, who have been uprooted from their homeland and treated with harshness, and indeed sometimes cruelty by troops who themselves feel under threat of death at the hands of suicide bombers, snipers etc. The whole scene is a nightmare and there must be literally thousands of fellow inhabitants of the Gaza Strip who would happily change places with this Appellant and find themselves in a safe haven such as the UK."

The Tribunal endorses these comments. Individuals in the Gaza strip are caught up in circumstances beyond their control. The role of Adjudicators and the Tribunal is to look at the particulars of an individual's circumstances and assess whether he falls within either the Refugee Convention or the Human Rights Convention.