Source: All England Reporter
Publisher Citation: [2002] All ER (D) 279 (Nov)
Court: Administrative Court
Judge:

Richards J
Representation Nicholas Blake QC (instructed by Clore & Co) for the claimant.
  Ashley Underwood QC and Julie Anderson (instructed by the Treasury Solicitor) for the defendant.
Judgment Dates: 20 November 2002

Catchwords

Immigration - Asylum - Designated safe third country - Removal - Lawfulness of certification by Secretary of State - s 72(2).

The Case

The Secretary of State was entitled to certify a claim for asylum which raised human rights arguments only where he was satisfied that those arguments would clearly fail. The court's role in considering whether it had been reasonably open to the Secretary of State to reach that conclusion was to apply the Wednesbury test, and also to exercise anxious scrutiny in its considerations. That was much the same thing as asking whether a claimant had an arguable case that if he was returned there would be a breach of his human rights, since in those circumstances, it would not be reasonable for the Secretary of State to certify the case.

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