References: Times 24-May-2001, Gazette 21-Jun-2001, [2002] QB 129
The fact that subordinate legislation had been enacted by affirmative resolution of both Houses of Parliament, did not make a decision made under that regulation immune from challenge in the courts. The question of whether a country was in general safe, was a matter of fact and for rational judgement. The Secretary made the decision, and a challenge was to that decision, and not to Parliament. It was possible that the applicants might bring sufficient evidence to show that a large part of the general population of Pakistan was not safe. If that was established then the court would have power to set aside a designation made by the Secretary under the Act.
Statutes: Asylum (Designated Countries of Destination and Designated Safe Countries) Order 1996 No 2671
This case is cited by:
- Cited – The Refugee Legal Centre, Regina (on the Application of) -v- Secretary of State for the Home Department CA (Bailii, [2004] EWCA Civ 1481, Times 24-Nov-04, [2005] 1 WLR 2219)
The applicant alleged that the fast track system of selecting and dealing with unmeritorious asylum claims was unfair and unlawful.
Held: The system was not inherently unfair and therefore unlawful and clear written instructions would suffice . . - Cited – The Refugee Legal Centre, Regina (on the Application of) -v- Secretary of State for the Home Department CA (Bailii, [2004] EWCA Civ 1481, Times 24-Nov-04, [2005] 1 WLR 2219)
The applicant alleged that the fast track system of selecting and dealing with unmeritorious asylum claims was unfair and unlawful.
Held: The system was not inherently unfair and therefore unlawful and clear written instructions would suffice . . - Cited – Regina (Husan) -v- Secretary of State for the Home Department QBD (Times 01-Mar-05, Bailii, [2005] EWHC 189 (Admin))
The applicant sought asylum from Bangladesh. His application was refused, and the respondent issued a certificate to say that his claim was hopeless. He sought judicial review.
Held: There was so much evidence that Bangladesh suffered . .
