||All England Reporter
|| All ER (D) 41 (Jun)
||Court of Appeal, Civil Division
Rix, Toulson and Stanley Burnton LJJ
||Charlotte Bayati (instructed by Polpitiya & Co) for the claimant.
||Lisa Bush (instructed by the Treasury Solicitor) for the Secretary of State.
||5 June 2008
Immigration - Asylum seeker - Certification of claim for asylum as clearly unfounded - Whether claim properly certified - s 94(2).
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.
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