The Case

In the circumstances, the defendant Secretary of State had been entitled to certify the claimant asylum seeker's claim under art3 of the European Convention on Human Rights as clearly unfounded, pursuant to s93(2)(b) of the as an increase in the risk of suicide as a result of her removal to a safe third country was not sufficient to bring the case near the high threshold for art3, even if the risk was regarded as severe and likely to continue. However, having regard to her art8 Convention claim an immigration judge might conclude that the case was so exceptional that on its particular facts the imperative of proportionality demanded an outcome in her favour, notwithstanding that she could not succeed under the Immigration Rules. Accordingly, the Secretary of State had not been entitled to certify the claimant's art8 human rights claim as clearly unfounded.