Source: All England Reporter
Publisher Citation: [2009] All ER (D) 194 (Nov)
Neutral Citation: [2009] EWHC 2957 (Admin)
Court: Queen's Bench Division, Administrative Court (London)
Judge:

Hickinbottom J
Representation Mark Symes (instructed by Sheona York, Principal Legal Officer, Immigration Advisory Service) for EW.
  Mark O'Connor (instructed by Duncan Lewis & Co) for BM.
  Declan O'Callaghan (instructed by Duncan Lewis & Co) for YM.
  Lisa Giovannetti (instructed by the Treasury Solicitor) for the Secretary of State.
Judgment Dates: 18 November 2009

Catchwords

Immigration - Asylum seeker - Removal from United Kingdom to state of which person not national or citizen - Removal to Italy - Right not to be subjected to inhuman or degrading treatment - Secretary of State certifying claimant's asylum claim as 'clearly unfounded' on 'safe third country grounds' - 'Safe country' identified as Italy - Claimant objecting to removal by way of further representations - Secretary of State rejecting representations - Whether removal to Italy would involve breach of right not to be subjected to inhuman or degrading treatment - Council Regulation (EC) 343/2003 - European Convention on Human Rights, art 3.

The Case

Immigration Asylum seeker. The Administrative Court held, in the instant judicial review, that there was no general right to accommodation or a minimum standard of living that could be drawn from the European Convention on Human Rights or the Directives of the EU, or from elsewhere in the European or domestic human rights, social or other legislation, in the context of a claim which was brought by the claimant, an Eritrean 'Dublin II returnee' whose asylum claim had been certified as 'clearly unfounded' on 'safe third country grounds'.

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