||All England Reporter
|| All ER (D) 332 (Feb)
|| EWHC 207 (Admin)
||Stephanie Harrison (instructed by Tyndallwoods, Birmingham) for the claimant.
||Sean Wilken and Susan Chan (instructed by the Treasury Solicitor) for the defendant.
||14 February 2003
Human Rights - Convention right - Breach - Assessment of damages - Processing of asylum claim - Delay - Criteria for determining liability - European Convention on Human Rights, arts 3 and 8.
Liability under the was not strict, and the claimant had to show not only that his rights under the Convention had been infringed, but also that the defendant had been under a legal obligation not to act or omit to act in the way complained of. A public body came under a duty to act (i)where it knew or ought to have known that a person was at risk of having his rights under arts3 or 8 contravened, and (ii)where that body was in a position to avoid or mitigate the harm suffered by the claimant. The court so ruled in awarding the claimant damages arising from a violation of his rights under art8 of the Convention in regard of several failures on the part of the Secretary of State in dealing with the claimant's asylum application.
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