| Source: | All England Reporter |
| Publisher Citation: | [2008] All ER (D) 180 (May) |
| Neutral Citation: | [2008] EWCA Civ 464 |
| Court: | Court of Appeal, Civil Division |
| Judge: | Sir Anthony Clarke MR, Laws and Carnwath LJJ |
| Representation | Robert Jay QC and Lisa Giovannetti (instructed by the Treasury Solicitor) for the Secretary of State. |
| Andrew Nicol QC and Mark Henderson (instructed by the Refugee Legal Centre) for the claimant. | |
| Judgment Dates: | 14 May 2008 |
Catchwords
Immigration - Asylum seeker - Refoulement - Specified states deemed to be safe - Secretary of State ordering claimant to be removed to Greece - Claimant seeking judicial review of decision - Claimant alleging Secretary of State failing to consider whether his Convention rights violated by removal to state deemed to be safe - Claimant applying for declaration of incompatibility in respect of statute that Secretary of State relying on - Judge granting declaration of incompatibility - Whether judge erring - Whether deeming provision incompatible with Convention right - s 4 - 3, para 3 - European Convention on Human Rights, art 3.
The Case
The judge had been wrong to grant a declaration of incompatibility, pursuant to s4 of the in respect of para3 of Sch3 to the given that was not in principle incompatible with art3 of the European Convention on Human Rights.
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