In the present context, the damages are an award to compensate for the
loss or diminution of a right to control formerly private information and
for the distress that the [claimants] could justifiably have felt because
their private information had been exploited, and are assessed by
reference to that loss."
The only significant modification required is the substitution of "disclosed" for
"exploited". There is no suggestion of exploitation by the Home Office of
confidential and private information on the facts of these cases.
19
I also accept the observation of Lady Justice Arden that damages are to be
assessed under English domestic law and not the approach adopted by the
Strasbourg court.
20
When assessing the damages to be awarded to each claimant I have taken into
account their loss of control over their private and confidential information. I
do not intend to repeat the fact that I have done so in any individual case. I
turn, therefore, to the individual cases.
21
TLT is a citizen of Iran. He arrived in the United Kingdom on a visitor's visa,
together with his wife, TLU, his then 17 year old son and his daughter, TLV
(now 16), in 2010. Following a reported search of their home in Iran by Iranian
authorities, in which personal belongings and documents were seized, they
claimed asylum. TLT was the lead applicant for TLU and TLV. Their son, by
then 18, claimed asylum on his own account. The asylum claims of all four
were rejected by the Home Office.
22
Their son was subsequently removed to Iran. TLT, TLU and TLV persisted in
their asylum claim and were eventually recognised as refugees in May 2014
and granted leave to remain.
23
Each has made a detailed confidential witness statement and been crossexamined upon it. I have been able to form a clear view about their
truthfulness and reliability as witnesses, despite the fact that TLT and TLU
gave evidence through a very good Farsi interpreter. TLT was a calm,
intelligent and straightforward witness. TLU was intelligent and thoughtful.
Their daughter, TLV, was a bright and palpably honest young woman. All
gave direct answers to Mr. Sanders' restrained and proper questions. I am
satisfied that they told me the truth as they remember it, and, despite the
upsetting nature of some of what they had to recount, that their evidence is
unexaggerated and reasonably accurate. TLU and TLV have significant
computer skills and an understanding of how the internet works.
BEVERLEY F. NUNNERY & CO.
OFFICIAL COURT REPORTERS
AND AUDIO TRANSCRIBERS
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents