The claimant applied for judicial review of the decision to certify his asylum claim pursuant to the 2004 Act, on grounds that he might safely be removed to a third country, Cyprus, and to quash removal directions given to remove the Claimant to Cyprus.
Held: There is ‘a significant evidential presumption’ that listed states will comply with their Convention obligations in relation to asylum procedures and reception conditions for asylum seekers within their territory.
Judges:
Sales J
Citations:
[2011] EWHC 2182 (Admin)
Links:
Statutes:
Asylum and Immigration (Treatment of Claimants, etc) Act 2004
Cited by:
Cited – EM (Eritrea), Regina (on The Application of) v Secretary of State for The Home Department SC 19-Feb-2014
SSHD must examine safety of country for return
The Court was asked: ‘Is an asylum seeker or refugee who resists his or her return from the United Kingdom to Italy (the country in which she or he first sought or was granted asylum) required to establish that there are in Italy ‘systemic . .
Lists of cited by and citing cases may be incomplete.
Immigration
Updated: 17 September 2022; Ref: scu.442723