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You are here: BAILII >> Databases >> England and Wales Court of Appeal (Civil Division) Decisions >> Tasci v Secretary Of State For Home Department [2002] EWCA Civ 1583 (28 October 2002) URL: http://www.bailii.org/ew/cases/EWCA/Civ/2002/1583.html Cite as: [2002] EWCA Civ 1583 |
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IN THE COURT OF APPEAL (CIVIL DIVISION)
ON APPEAL FROM THE IMMIGRATION APPEAL TRIBUNAL
Strand London, WC2 Monday, 28 October 2002 |
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B e f o r e :
LORD JUSTICE CARNWATH
____________________
AYSEL TASCI | Appellant/Applicant | |
-v- | ||
THE SECRETARY OF STATE FOR THE HOME DEPARTMENT | Respondent/Respondent |
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Smith Bernal Wordwave Limited
190 Fleet Street, London EC4A 2AG
Tel No: 020 7404 1400 Fax No: 020 7831 8838
(Official Shorthand Writers to the Court)
The Respondent did not appear and was not represented.
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Crown Copyright ©
"By reason of these inconsistencies I find that I cannot accept the majority of the appellant's evidence .... I am also willing to accept, at the low level applicable in asylum cases, that the appellant may on two occasions have been detained for a matter of hours and on the final occasion perhaps for two days. I do not accept that she was physically ill-treated. She was released without charge and even on the appellant's own evidence she said that this was because the authorities had no evidence against her."
The adjudicator then pointed to circumstances in which she had been able to travel through the country and leave Turkey, and came to the conclusion that she had very limited connections with the PKK and that she would not be at risk of persecution were she to return to Turkey; that, in his view, not having occurred to her when she was in that country.
" . . . we conclude that this does not affect the overall sustainability of the Adjudicator's conclusions in this regard. The Adjudicator formed the view that he did not believe the Appellant, a view based to a very large degree on the fact that she did not detail claims to have been mistreated during the first five arrests until her last statement prepared in readiness for the hearing and also on the fact that she claimed to have suffered the same treatment on each occasion. The Adjudicator regarded this as implausible."
They then accepted that such claims of mistreatment had been made, but held that the adjudicator, who had seen and heard the appellant, was entitled to take the discrepancies into consideration in reaching his conclusion.
"The background of police brutality and the use of rape in Turkey -- and I accept that the evidence that it has diminished does not amount to much -- cannot fill the space where an applicant's account of her own experiences is disbelieved not because it is incredible but because it is inconsistent."