||All England Reporter
|| All ER (D) 217 (Nov)
|| EWHC 2744 (Admin)
||Mark Henderson (instructed by Dhillon & Co) for the claimant.
||Ashley Underwood QC and Daniel Beard (instructed by the Treasury Solicitor) for the Secretary of State.
||17 November 2003
Immigration - Asylum - Designated safe third country - Removal - Claimant claiming removal contrary to human rights - Certification of claims as clearly unfounded - Lawfulness of certification by Secretary of State - s 93(2)(b) - European Convention on Human Rights, art 3.
A decision of the Secretary of State to certify the claimant's human rights claim as clearly unfounded was quashed. The Secretary of State had not addressed the issue which was not what would happen in the claimant and his family were returned to Germany which had accepted their return under the Dublin Convention but whether there was a real risk of significantly increased risk that the claimant's wife would commit suicide on being told of that return.
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