22 November 2007
In brief
In deciding whether it would be unduly harsh to expect an asylum seeker to relocate to a safe haven in another part of his country, consideration of conditions in the place of habitual residence does not have to be the starting point of the assessment, the House of Lords has ruled. In AH and others (Sudan) v Secretary of State for the Home Department, the law lords held that it was for the decision-maker to decide what weight should be given to that point, and all other relevant factors, in the context of the facts of the case. The case overturns a Court of Appeal ruling which allowed an appeal by AH, IG and NM against the decision of an asylum and immigration tribunal ordering their return to Sudan.
