M v Refugee Appeals Tribunal

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Respondent/Defendant:Refugee Appeals Tribunal
Court/s:High Court
Citation/s:[2003] 1 ICLMD 82
Judgment Date/s:04 Oct 2002
Category:Refugee Law
Keywords:Refugee, Refugee Law, Refugee Status
References:Adan v Secretary of State for the Home Office [1998] 2 W.L.R. 702

The applicant applied for leave to judicially review the decision by a member of the Refugee Appeals Tribunal upholding a declaration that his claim for refugee status was manifestly unfounded.

The court held that the applicant had to demonstrate a “current well-founded fear of persecution for a Convention reason” to be declared as a refugee. The court referred to Adan v Secretary of State for the Home Office [1998] 2 W.L.R. 702 – wherein it was found that an “historic fear” was not sufficient for recognition as a refugee. The Court refused leave for judicial review.

Principles:A current, well-founded fear of persecution for a Convention reason is required for a declaration of refugee status. A historic fear is not sufficient.
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