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 persecution and human rights abuses that no rational decision maker could list it as country to which asylum seekrs could safely be returned, and its listing was unlawful. Persecution within the meaning of the Refugee Convention will by its nature often be directed towards minorities. Nevertheless, the applicant had failed to establish that he had taken any proper steps which might have reduced the risks to him personally if returned, and his claim for asylum still failed.
Judges:
Wilson J
Citations:
Times 01-Mar-2005, [2005] EWHC 189 (Admin)
Links:
Citing:
Contrasted – Singh v Secretary of State for the Home Department and Another Admn 14-Nov-2001
Mistreatment was found to be only localised in India, allowing an asylum seeker to be returned. . .
Cited – Secretary of State for the Home Department v Asif Javed and Zuifiqar Ali and Abid Ali CA 17-May-2001
A designation of Pakistan as a safe place for the return of a failed asylum applicant was unlawful because there was plain evidence that persecution of women who left the marital home, whether voluntarily or by compulsion, was widespread. . .
Cited – Regina v Immigration Appeal Tribunal and Another ex parte Shah HL 25-Mar-1999
Both applicants, Islam and Shah, citizens of Pakistan, but otherwise unconnected with each other, had suffered violence in Pakistan after being falsely accused them of adultery. Both applicants arrived in the UK and were granted leave to enter as . .
Cited by:
Cited – Brown (Jamaica), Regina (on The Applications of) v Secretary of State for The Home Department SC 4-Mar-2015
B, an homosexual immigrant for Jamaica, resisted his return, saying that he would be prosecuted. The Secretary of State now appealed against a finding that his inclusion of Jamaica within the statutory list of safe countries for return was not . .
Lists of cited by and citing cases may be incomplete.
Immigration
Updated: 15 May 2022; Ref: scu.223059