Source: All England Reporter
Publisher Citation: [2002] All ER (D) 77 (Mar)
Neutral Citation: [2002] EWCA Civ 273
Court: Court of Appeal, Civil Division

Schiemann, May and Jonathan Parker LJJ

Representation Manjit Gill QC and Emeka Pipi (instructed by Ned & Chucks) for the applicant.
  Andrew Hunter (instructed by the Treasury Solicitor) for the Secretary of State.
Judgment Dates: 7 March 2002


Immigration - Appeal - Jurisdiction to hear appeal - Statutory construction - Secretary of State rejecting applicant's claim for asylum - Secretary of State certifying applicant's claim under Refugee Convention - Secretary of State not issuing certificate in relation to claim under Human Rights Convention - Whether certification of claim under Refugee Convention depriving tribunal of jurisdiction to hear appeal against rejection of claim under ECHR - Geneva Convention Relating to the Status of Refugees 1951 - European Convention on Human Rights -  4, para 9(2).

The Case

In order to reflect Parliament's manifestly clear intention to inhibit a further appeal against the refusal of a claim for asylum claim on the ground which had been certified by the Secretary of State, but not remove the right of appeal in relation to any claim which had not been certified, para9(2) of Sch4 of the would be construed as it read: 'If, on an appeal to which this paragraph applies, the adjudicator agreed with the opinion expressed in the Secretary of State's certificate, paragraph22 does nor confer on the appellant any right of appeal to the Immigration Appeal Tribunal in respect of that claim.'

Practice Areas

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