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  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.