Amare v. Secretary of State for the Home Department, [2005] EWCA Civ 1600, United Kingdom: Court of Appeal (England and Wales), 20 December 2005. Accessed September 16, 2020.

  • Category: Case Law
  • Source: National Authorities
  • Subject: Discretion,Deportation,Asylum/Refugee,Discrimination,Documentation status,Homophobia,Homosexuality,Law/Legistation,Lesbian,Resettlement
  • Place: Ethiopia
  • Year: 2005
  • URL: Refugees_Amare-v.pdf
This is an appeal against the decision of the Immigration Appeal Tribunal (the “IAT”) notified on 20 December 2004 by which the IAT dismissed the appellant’s appeal against the determination of the adjudicator promulgated on 28th January 2004. The adjudicator in his turn had dismissed the appellant’s appeal against the decision of the Secretary of State refusing her claim to enter the United Kingdom on asylum and human rights grounds. Permission to appeal to this court was granted by the IAT on 9th January 2005. The appellant is a citizen of Ethiopia born on 4th July 1977. Her father was an Eritrean and her mother an Ethiopian. They separated when she was four. At length she entered the United Kingdom on 13th February 1999 and claimed asylum on arrival. She said that Eritreans in Ethiopia were being exposed to arrest, imprisonment and deportation. She was to claim she had become a member of an organisation, the ELFRC, which was banned in Eritrea. The removal directions which the Secretary of State had issued had in fact specified Eritrea as the removal destination; however, at the hearing before the adjudicator the Home Office Presenting Officer undertook to amend the directions so as to specify Ethiopia. In the result the only live issue when the matter came before the adjudicator was not whether the appellant if returned might be persecuted on political or racial grounds, but whether she would be at risk by reason of the fact that she is a homosexual.