Source: All England Reporter
Publisher Citation: [2002] All ER (D) 258 (Jul)
Court: Administrative Court

Burton J

Representation Bruce Tattersall (instructed by Lawson Apefope) for the claimant.
  William Hoskins (instructed by the Treasury Solicitor) for the defendant.
Judgment Dates: 17 July 2002


Immigration - Appeal - Reasons for decision - Claimant's application for asylum refused - Claimant making renewed application to Secretary of State - Secretary of State dismissing and certifying application - Secretary of State considering application designed to delay claimant's removal from United Kingdom - Claimant applying for judicial review of decision to certify - Whether Secretary of State in error.

The Case

Where the Secretary of State certified a claimant's claim for asylum under s73(8) of the he was required to conclude not only that there was no reasonable prospect of success, but that the claimant's contentions were not properly arguable and were therefore hopeless.

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