Mohammad, Manoharan, Sakhee, Yogarajah v The Secretary of State for the Home Department: QBD 24 Jan 2002

The applicants were asylum seekers. They were made subject to certificates issued by the Secretary of State which would require refoulement, for them to be returned to the country into which they first made their escape for their application for asylum to ?e considered. They complained particularly that Germany was not a safe country to be returned to. The certificate was issued but could not be acted upon until the asylum application had been considered. What limitations might there be on the Secretary when he considered issuing a certificate.
Held: The claimants had failed to establish any risk that if returned to Germany they might face being treated otherwise than in accordance with Article 3. An asylum seeker had a defeasible right of appeal if the Secretary’s discretion was exercised unlawfully. Appeals failed.

Judges:

The Honourable Mr Justice Turner

Citations:

Unreported, 24 Jan 2002

Statutes:

Immigration and Asylum Act 1999 Parts I and IV 11 65 71 72

Jurisdiction:

England and Wales

Citing:

CitedRegina v Secretary of State for the Home Department, ex parte Adan, Same, ex parte Aitsegeur HL 20-Dec-2000
The Convention gave protection to an asylum seeker fearing persecution by non-state agents in his country of origin where that government was unable or unwilling to provide protection. France and Germany did not recognise this right, and therefore . .
CitedAyman Ibrahim CA 2001
. .
Lists of cited by and citing cases may be incomplete.

Immigration

Updated: 28 June 2022; Ref: scu.167468