||All England Reporter
|| All ER (D) 71 (May)
||Queen's Bench Division (Administrative Court)
||Shivani Jegarajah (instructed by Popkin & Co) for the claimant.
||Jane Collier (instructed by the Treasury Solicitor) for the Secretary of State.
||5 May 2006
Immigration - Leave to enter - Refugee - Asylum - Deportation back to third country - Applicant arguing that removal violating human rights - Secretary of State issuing certificate that human rights claim clearly unfounded - Whether Secretary of State entitled to certify applicant's human rights claim as clearly unfounded.
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.
- The All England Law Reports comprises judgments with headnotes and catchwords indicating the area of law and key issues of the case prepared by legally qualified editorsFind AllER Reports
- Cases related to this particular case that are related to, or discuss this caseView related cases
- Commentary discussing this particular case from LexisLibrary's comprehensive range of titles including Butterworths, Halsbury's and TolleyView related commentary