The claimant, a citizen of Jamaica, came to the UK in 2010 on a visitor’s visa with leave to remain for one month. He then applied for asylum on the ground that he is a Jamaican homosexual and feared persecution if returned to Jamaica. He was detained under section 62 of the Act pending a decision on his removal. The detention power was exercised under the so-called Detained Non Suspensive Appeals process. He complained that his case was not suitable for the DNSA process and his detention was unlawful. The complaint was rejected and he issued a claim for judicial review, seeking declarations that the decision to include Jamaica in the list of states designated under section 94(4) and the respondent’s detention were both unlawful. His claim for asylum was rejected, but not certifying it as clearly unfounded. He was free to pursue an in-country appeal, and the Tribunal upheld his claim to be a homosexual and at real risk of persecution if he were returned to Jamaica.
Held: The Court dismissed the appellant’s claim for judicial review of the Secretary of State’s decision to include, and subsequently retain, Jamaica among the states designated in section 94(4) of the 2002 Act as generally not presenting any serious risk of persecution to those entitled to reside within them. By the same order the Deputy Judge dismissed the appellant’s claim for damages for false imprisonment in respect of the period during which he was detained pending the determination of his claim for asylum.
Judges:
Nicholas Paine QC DHCJ
Citations:
[2012] EWHC 1660 (Admin)
Links:
Statutes:
Nationality, Immigration and Asylum Act 2002 94(4)
Citing:
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 by:
Appeal from – JB (Jamaica), Regina (on The Application of) v Secretary of State for The Home Department CA 12-Jun-2013
The claimant was to be removed and returned to Jamaica, but claimed that as a homosexual he would be persecuted. He now challenged the inclusion of Jamaica within the last of safe countries.
Held: (Moore-Bick LJ dissenting) The appeal . .
At First Instance – 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: 03 November 2022; Ref: scu.461872