The appellant, a Gambian national sought review of two decisions of the Secretary of State as to first her decision to designate as safe, Gambia, in respect of men only, in the list of countries in section 94(4) of the 2002 Act, and second as to her related decision to certify the Appellant’s case as clearly unfounded pursuant to section 94(2).
Elias LJ applied the words of Lord Phillips MR in Javed to section 94(5) of the 2002 Act sayimg: ‘It is not, therefore, enough to demonstrate occasional breaches of human rights standards even where they amount to persecution. The persecution must be sufficiently systematic properly to be described as a ‘general feature’ in that country, and this in turn requires that it should affect a significant number of people.’
Judges:
Ward, Elias, Tomlinson LJJ
Citations:
[2011] EWCA Civ 121
Links:
Statutes:
Nationality, Immigration and Asylum Act 2002
Jurisdiction:
England and Wales
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: 02 September 2022; Ref: scu.429628