Source: All England Reporter
Publisher Citation: [2004] All ER (D) 264 (Feb)
Court: Administrative Court

Charles J

Representation Susan Monaghan (instructed by HCL Hanne and Co) for the claimant.
  Caroline Neenan (instructed by the Treasury Solicitor) for the defendant.
Judgment Dates: 17 February 2004


Immigration - Asylum - Provision of asylum support - Refusal - Inhuman or degrading treatment - Threshold - s 55(1) and (5) - European Convention on Human Rights, art 3.

The Case

The application for judicial review of the decision of the Secretary of State not to provide asylum support under s55(5) of the succeeded. The claimant had established on the facts that his situation had reached the severity threshold required to engage art3 of the European Convention on Human Rights. Although the burden was on the claimant to establish the extent of any charitable support available to him, it was necessary for the defendant to identify which organisations might provide support for a specific claimant, rather than a general list of bodies that may or may not be able to help.

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