Source: All England Reporter
Publisher Citation: [2009] All ER (D) 64 (Nov)
Neutral Citation: [2009] EWHC 2676 (Admin)
Court: Queen's Bench Division, Administrative Court (London)
Judge:

Ouseley J

Representation Claire Chapman (instructed by Elder Rahimi Solicitors) for the claimant.
  Sarabjit Singh (instructed by the Treasury Solicitor) for the Secretary of State.
Judgment Dates: 14 August 2009

Catchwords

Immigration - Asylum seeker - Fresh claim - Right to respect for private and family life - Removal of claimant as failed asylum seeker to Iraq following rejection of fresh claim for asylum - Whether decision on fresh claim lawful - Whether removal disproportionate to right to respect for private and family life - European Convention on Human Rights, art 8.

The Case

Immigration Asylum seeker. The Administrative Court held, in the instant judicial review, that the Secretary of State had fallen into error in deciding that the claimant, an Iraqi, had no fresh claim for asylum, particularly when his circumstances were considered against the backdrop of art8 of the European Convention on Human Rights, which conferred the right to respect for private and family life. The question of whether the claimant's removal to Iraq was disproportionate to his art 8 rights was considered to be marginally in his favour.

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