“…territorial effect. If the Articles had applied directly, the principles set out by the Court of Appeal in AS & DD v Secretary of State for the Home Department [2008] EWCA Civ 289 would be applicable. At [50] of its judgment, the Court said: “The question what, if any, risks a deportee would face on return is a question of fact for SIAC.…”
“…um-related appeals has been the subject of a number of judgments by the senior courts in recent times (see e.g. CM (Kenya) [2007] EWCA Civ 312; AS & DD (Libya) [2008] EWCA Civ 289) and it would be odd indeed to ignore their guidance in favour of decisions which are concerned with different subject-matters and where different rules of evi…”