Source: All England Reporter
Publisher Citation: [2002] All ER (D) 189 (Jan)
Court: Administrative Court

Turner J

Representation Andrew Nicol QC and Mark Henderson (instructed by Howe & Co) for the first claimant.
  Christopher Williams and Declan O'Callaghan (instructed M K Sri) for the second claimant.
  William McGiven and Mark O'Conner (instructed by White Ryland) for the third claimant.
  Declan O'Callaghan (instructed by Cranbrooks) for the fourth claimant.
  John Howell QC and Lisa Giovanetti (instructed by the Treasury Solicitor) for the defendant.
Judgment Dates: 24 January 2002


Immigration - Refugee - Asylum - Deportation back to third country ||Secretary of State certifying claimant's allegations of breaches of human rights manifestly unfounded - Claimants arguing Secretary of State ousting their right to challenge deemed findings that Germany to be regarded as a safe third county - Whether Secretary of State precluded from finding Germany a place from which claimants might be sent to another country otherwise than in accordance with the Geneva Convention - Whether court precluded from challenging lawfulness of the issue of certification - s 11.

The Case

Section 11(1) of the Immigration Act 1999 provided that the Secretary of State was precluded from finding that Germany was a place from which a claimant might be sent to another county otherwise than in accordance with the Convention, and that section also precluded the court from considering the claim that it was unlawful to issue a certificate in relation to the claim under the convention. Moreover, the Secretary of State was not obliged to rely on his decision under s11(1) of the Immigration Act 1999 when deciding whether or not to certify a human rights allegation as manifestly unfounded. It would however be something which he was entitled to consider, but would not be determinative.

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