(i) Misunderstanding The Evidence
55. This element of the challenge to the decision of the FtT is encapsulated in the grounds of appeal in these terms: “ The Designated Immigration judge materially misdirected himself as to the evidence and facts. He held that the Appellant is currently sought by the Spanish authorities in relation to the forgery of official documents. He clearly considered that it was uncontroversial that the Appellant had obtained false documents in Spain. He also held that there was ‘no suggestion’ that any group other than ETA had furnished the Appellant with the forged identity documents with which the Appellant was arrested in London or directed him to another former ETA militant on the run in London. All this was either incorrect or in dispute. ” In argument emphasis was placed on the evidence relating to the Colectivo de Refugiados organisation, its undisputed peaceful aims and methods, its non-proscribed status in France and what is said about it in the EAW. 56. The riposte of Ms Anderson on behalf of the Secretary of State is, in summary, that the decision in
- PART 1
- Introduction
- The Statutory Framework
- The Secretary of State’s Decision
- organised crime
- The European Arrest Warrant
- current
- Del Rio Prada v Spain
- Spanish Judicial Authority v Arranz (No 3)
- The Appellant’s Witness Statements
- The Operative Extradition Decision
- itself
- The Principal Grounds of Appeal
- deduced
- The Burden of Proof Issue
- Insofar as the appeal relies upon the 2006 Regulations, the burden is also on the Appellant, the standard being the balance of probabilities
- this
- might
- Other Grounds of Appeal
- (i) Misunderstanding The Evidence
- E v Secretary of State for the Home Department; R v Secretary of State for the Home Department
- E & R
- (ii) Misunderstanding the Second Divisional Court’s Decision
- Paragraph 27
- Paragraph 28
- Paragraph 60
- Kandola
- Spanish Judicial Authority v Arranz
- Vanda Puceviciene
- persecution
- (iv) The Article 6 ECHR Issue
- R (EM Eritrea) v SSHD
- flagrant breach
- R (Ullah) v SSHD
- Conclusion
- PART 2
- The Evidence of Professor Silke
- The Battle Lines Drawn
- in itself
- General
- JS (Sudan)
- The ‘Colectivo’ Issue
- Risk of Reoffending
- The Appellant’s Terrorist Criminality and ETA
- from this perspective,
- Del Rio Prada
- could
- The Reluctant Witness
- Marchon v Immigration Appeal Tribunal
- Nazli
- Ex parte Marchon
- Bouchereau
- Omnibus Conclusion
