Source: All England Reporter
Publisher Citation: [2008] All ER (D) 41 (Jun)
Court: Court of Appeal, Civil Division

Rix, Toulson and Stanley Burnton LJJ

Representation Charlotte Bayati (instructed by Polpitiya & Co) for the claimant.
  Lisa Bush (instructed by the Treasury Solicitor) for the Secretary of State.
Judgment Dates: 5 June 2008


Immigration - Asylum seeker - Certification of claim for asylum as clearly unfounded - Whether claim properly certified - s 94(2).

The Case

In the instant case, the claimant's application for judicial review of the Secretary of State's decision to certify her claim for asylum under s94 of the Immigration and Asylum Act 2002 as being manifestly unfounded was dismissed because there was no true basis for an immigration judge to find that the claimant had a well-founded fear of persecution, on return to Sri Lanka, so as to warrant a successful appeal.

Practice Areas

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