||All England Reporter
|| All ER (D) 248 (Feb)
|| EWCA Civ 114
||Court of Appeal, Civil Division
Sedley, Jacob and Lloyd LJJ
||Raza Husain and Ronan Toal (instructed by South West Law) for the claimant.
||Gerard Clarke (instructed by the Treasury Solicitor) for the defendant.
||25 February 2009
Immigration - Asylum seeker - Return to safe third country - Secretary of State issuing safe third country certificate - Certificate invalid - Claimant purporting to bring appeals otherwise prohibited by safe third country certificate - Secretary of State issuing fresh safe third country certificate under successor legislation - Successor legislation prohibiting a person from 'bringing' an immigration appeal where safe third country certificate in place - Secretary of State certifying claimant's human rights claim as clearly unfounded - Whether prohibition on 'bringing' immigration appeals preventing continuation of appeal - Whether Secretary of State entitled to certify human rights claim as clearly unfounded - ss 82, 96, 97 - Asylum and Immigration Act (Treatment of Claimants, etc) Act 2004, Sch 3, Pt 2, para 5.
Immigration Asylum seeker. Court of Appeal, Civil Division: On the true construction of ss96 and 97 of the the bringing of an appeal under the Act was a single event so that an appeal lodged against an invalid safe third country certificate and human rights certificate had been brought before the issue of a fresh such certificate. Moreover, as to whether a certificate that a claimant's human rights claim was clearly unfounded, it had to be borne in mind that, in Dublin cases (those to which Council Regulation (EC) 343-2003 (establishing the criteria and mechanisms for determining the member state responsible for examining an asylum claim lodged in one member state by a third country national) applied), the sole purpose of removal was to enable another state to entertain the same claim as had been made in the UK rather than to return to their country of origin someone who had failed to establish any right to be in the UK.
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