Publisher Citation: [2003] All ER (D) 107 (May)
Court: Court of Appeal, Civil Division

Peter Gibson, Tuckey and Keene LJJ

Representation Stephanie Harrison (instructed by Luqmani Thompson) for the claimant.
  Angus McCullough (instructed by the Treasury Solicitor) for the Secretary of State.
Judgment Dates: 9 May 2003


Human rights - Privacy - Private life - Asylum seeker - No requirement to give refuge to immigrant on ground of breach of right to private life in home state - European Convention on Human Rights, art 8.

The Case

Where the treatment to which an asylum seeker would be subjected by a receiving state did not fall under art3 of the European Convention on Human Rights, the English court did not have to recognise whether any other article would be engaged if the asylum seeker were to be returned to that home state. In the instant case, the claimant had not, in any event, established that there would be any violation of her rights under art8 of the Convention if she were to be returned to her home state.

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