Source: All England Reporter
Publisher Citation: [2002] All ER (D) 52 (Sep)
Court: Administrative Court
Judge:

Scott Baker J

Representation David Pannick QC and Mark Henderson (instructed by the Hackney Law Centre) for the claimants.
  Philip Havers QC and Shaheen Rahman (instructed by the Treasury Solicitor) for the Secretary of State.
Judgment Dates: 11 September 2002

Catchwords

Immigration - Leave to enter - Refugee - Asylum - Deportation to responsible state - Secretary of State certifying that arguments made by asylum seekers that deportation to responsible state would be in breach of European Convention on Human Rights manifestly unfounded - Whether Secretary of State in error - s 72(2) - European Convention on Human Rights, art 8.

The Case

The court ruled, allowing the claimants' application for judicial review, that in the circumstances the Secretary of State had erred in maintaining his certification made pursuant to s72(2) of the that arguments made by the claimants that their removal to Germany would result in breaches of their Convention rights were manifestly unfounded.

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