IH (Sudan) v Secretary of State for the Home Department

An appellate court will not treat disagreement with factual findings as an error of law where the findings were open to the first-instance decision-maker. This includes findings based on credibility, alleged political activity and the claimant’s conduct after leaving the relevant area. A challenge that the decision-maker approached the evidence incorrectly must identify a genuine legal error. Where no such error is shown, the appellate determination will stand.

IH (Sudan) v Secretary of State for the Home Department concerned an appeal from the Asylum and Immigration Tribunal. The first adjudicator had rejected the appellant’s account of political activity, concluded that he was an economic migrant, and found no well-founded fear of persecution. The Tribunal upheld that decision.

Before the Court of Appeal, the appellant argued that the adjudicator and the Tribunal had failed to make proper findings on the objective material concerning the circumstances of Darfuris and had therefore reached their conclusion on an unlawful foundation. The central issue was whether the complaint disclosed an error of law or merely challenged factual conclusions.

The Court of Appeal refused the application.

1. The appellant’s challenge was, in substance, an attempt to appeal a question of fact. The first adjudicator had reached conclusions that were open to him on the facts.

2. The adjudicator disbelieved the appellant’s claim to have participated in political activity and concluded that he was an economic migrant. The Court found no error of law in those conclusions.

3. The Court also found no error of law in the Tribunal’s determination on appeal. The argument that the decision-makers had failed to assess the objective material did not establish an unlawful foundation for the decision.

4. Lord Justice Moses agreed with Lord Justice Longmore. Order: application refused.

• Court of Appeal (Civil Division): The application was refused. IH (Sudan) v Secretary of State for the Home Department, [2008] EWCA Civ 745.
• Asylum and Immigration Tribunal: On 30 November 2005, the Tribunal found no error of law in the adjudicator’s determination.
• First adjudicator: On 11 January 2005, Mr Adjudicator Simpson dismissed the asylum appeal following the Home Office’s refusal.