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England and Wales Court of Appeal (Civil Division) Decisions |
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You are here: BAILII >> Databases >> England and Wales Court of Appeal (Civil Division) Decisions >> Darji v Secretary State for Home Department [2004] EWCA Civ 1419 (28 October 2004) URL: http://www.bailii.org/ew/cases/EWCA/Civ/2004/1419.html Cite as: [2004] EWCA Civ 1419 |
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Case No: 2. C4/2004/0609 |
COURT OF APPEAL (CIVIL DIVISION)
ON APPEAL FROM THE IMMIGRATION APPEAL TRIBUNAL
Appeal Number HX/35231/2002
Appeal Number HX/23523/2002
Strand, London, WC2A 2LL |
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B e f o r e :
LORD JUSTICE SEDLEY
and
LORD JUSTICE GAGE
____________________
DARJI | ||
Appellant | ||
- and - | ||
SECRETARY STATE for the HOME DEPARTMENT | ||
Respondent | ||
GURUNG | ||
Appellant | ||
and | ||
SECRETARY of STATE for the HOME DEPARTMENT | ||
Respondent |
____________________
Smith Bernal WordWave Limited, 190 Fleet Street
London EC4A 2AG
Tel No: 020 7421 4040, Fax No: 020 7831 8838
Official Shorthand Writers to the Court)
Parishil Patel (instructed by Treasury Solicitor) for the Respondent
Mark Braid (instructed by Gillman-Smith Lee) for the Appellant
Parishil Patel (instructed by Treasury Solicitor) for the Respondent
____________________
Crown Copyright ©
Lord Justice Sedley:
Mr Darji's case
Bhutanese nationality law
If both the parents are Bhutanese and in case of the children leaving the country of their own accord, without the knowledge of the Royal Government of Bhutan, and their names are also not recorded in the citizenship register maintained in the Ministry of Home Affairs, then they will not be considered as citizens of Bhutan.
“Under the census nationality classification, there is a category known as 'F2 – returned migrants'. These people are held to have invalidated their Bhutanese nationality by having left Bhutan and then re-entered.”
Is Mr Darji stateless?
Did Mr Darji nevertheless face a real risk of persecution?
Conclusion
Mr Gurung's case
“We do not see anything to support the submission that the claimant faces persecution or breach of his human rights in Bhutan because of his Nepalese ethnicity, and we can see no basis for a contrary finding.”