| Publisher Citation: | [2003] All ER (D) 241 (Jul) |
| Court: | Administrative Court |
| Judge: | Sullivan J |
| Representation | Mark Henderson (instructed by Winstanley Burgess) for the claimant. |
| Daniel Beard (instructed by the Treasury Solicitor) for the defendant. | |
| Judgment Dates: | 14 July 2003 |
Catchwords
Immigration - Asylum - Certification of claim as manifestly unfounded - Validity of decision.
The Case
The Secretary of State had not been entitled to certify a claim against removal directions, based on a human rights challenge, in circumstances where he had not obtained expert evidence to contradict the claimant's own expert evidence, since it could not be said that his conclusion on the issue would be bound to succeed.
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