Source: All England Reporter
Publisher Citation: [2002] All ER (D) 16 (Mar)
Court: Administrative Court
Judge:

Silber J

Representation Justine Fisher (instructed by Powell & Co) for F.
  Kristina Stern (instructed by the Treasury Solicitor) for the Secretary of State.
Judgment Dates: 4 March 2002

Catchwords

Human rights - Inhuman and degrading treatment - Immigration - Appeal - Reason for decision - Asylum - Claimant a Kosovar Albanian - Claimant claiming to have been raped by Serbian soldiers - Claimant contending removal from UK violating Convention - Secretary of State refusing application - Claimant appealing - Special adjudicator refusing to allow adjournment to obtain medical report - Special adjudicator refusing to have regard to medical report after appeal - Whether special adjudicator in error - European Convention on Human Rights, art 3.

The Case

A special adjudicator had acted unreasonably in circumstances where he accepted that a Kosovan asylum seeker was raped by Serbian soldiers, but refused to grant an adjournment so that she could obtain receipt of a psychiatric medical report, and refused to subsequently read that medical report, when she relied upon it to found a claim based on art3 of the European Convention on Human Rights.

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