Source: All England Reporter
Publisher Citation: [2002] All ER (D) 91 (Sep)
Court: Administrative Court

Nigel Pleming QC sitting as a deputy judge of the High Court

Representation Manjit Gill QC and Mahmad Al-Rashid (instructed by Tyndallwoods, Birmingham) for the claimant.
  William Hoskins (instructed by the Treasury Solicitor) for the Secretary of State for the Home Department as interested party.
Judgment Dates: 17 September 2002


Immigration - Refugee - Asylum - Claimant contending removal from United Kingdom violating right to freedom from inhuman and degrading treatment - Special adjudicator finding claim disclosing no prospect of success - Immigration appeal tribunal refusing permission to appeal - Whether tribunal failing properly to consider violation of Convention rights - European Convention on Human Rights, art 3.

The Case

Where an asylum seeker had been entitled to a more carefully reasoned decision than that provided by the special adjudicator or Immigration Appeal Tribunal in relation to the possible breach of his Convention rights, his claim for asylum would be remitted to the tribunal for reconsideration.

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