Could exceptionality return through the back door?
Eloise Power reports
The appellant in AG (Eritrea) v Secretary of State for the Home Department [2007] EWCA Civ 801, [2007] All ER (D) 490 (Jul) was a victim of torture of mixed Ethiopian and Eritrean parentage who was born and brought up in Ethiopia and had never lived in Eritrea. He had arrived in the UK and applied for asylum in August 1999, when he was aged 14. In subsequent years he built up private life ties in the UK. His ties included his education and the receipt of psychological support. The Home Office refused his asylum application four years later and set removal directions for Eritrea rather than Ethiopia.
His appeal to an adjudicator was allowed on asylum and on human rights grounds, including Art 8 (right to family and private life) of the European Convention on Human Rights (the Convention). This decision was overturned on reconsideration, save for the favourable findings about credibility. Permission to appeal was granted by Lord Justice Carnwath.
In a unanimous judgment of the Court of Appeal—consisting of Lord Justice Sedley,
