Refoulement CASES

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Danian v Secretary of State for the Home Department [1999] EWCA Civ 3000

Nigerian asylum seeker appealed against refusal of asylum, having engaged in pro-democracy activities in the UK after his initial claim was refused. The Court of Appeal held that even if an asylum seeker acts in 'bad faith' to bolster their claim, they may still qualify for refugee status if they have a genuine well-founded fear of persecution for a Convention reason. Facts Thomas Danian, a Nigerian national, arrived in the UK in 1985 and claimed asylum in 1990, alleging persecution due to his political views opposing northern Nigerian dominance. His initial asylum claim was refused in 1994, and a deportation