The Court docket of Enchantment has upheld the Higher Tribunal’s resolution to depart from the wording contained within the headnote of the nation steering case AB (Safety, prison gangs, inside relocation) Jamaica CG [2007] UKAIT 00018. This steering applies to safety and Article 3 claims the place a Jamaican nationwide would face hurt from prison gangs until they’re admitted to the Jamaican authorities’s witness safety programme.
Within the First-tier Tribunal, the Dwelling Secretary efficiently argued that the right check was whether or not it was fairly seemingly that a person would be admitted to the programme. The Higher Tribunal disagreed, concluding the right check was whether or not it was fairly seemingly they wouldn’t be admitted to the programme, which is a decrease threshold. This was upheld by the Court docket of Enchantment. The case is Secretary of State for the Dwelling Division v CP [2026] EWCA Civ 892.
Background
CP was born in 1984 and entered Jamaica’s witness safety programme along with his mom in 1997 after she gave proof at a gang chief’s homicide trial. Her proof led to the gang chief’s conviction and imprisonment. CP got here to the UK in 2001 as a customer and was granted depart to stay as a pupil, which expired in 2002. He has resided within the UK with out depart ever since.
