The claimant had first sought asylum saying she was born in 1984. On being refused, she said she was born in 1988 and was only 15 years old, and that her removal and return to Somalia would breach the regulation, and interfere with her right to family life in that she would be separated from her cousin.
Held: The appeal failed. Although the judge had incorrectly applied the case of Razgar, if he had done so correctly, the result would have been the same. The dicta of Lord Bingham were to apply even though this case concerned the right to family life rather than mental health.
Judges:
Buxton LJ, Neuberger LJ, Kay LJ
Citations:
Times 05-May-2005
Statutes:
Immigration and Asylum Act 199 1192)
Jurisdiction:
England and Wales
Citing:
Appeal from – Regina (G) v Secretary of State for the Home Department Admn 18-Nov-2004
The applicant, when she first made her claim for asylum said she was born in 1984. Before coming to the UK she had first applied for asylum in Italy. She was detained for removal to Italy. At this point she sought to assert that she had in fact been . .
Cited – Regina v Sectretary of State for the Home Department ex parte Razgar etc HL 17-Jun-2004
The claimant resisted removal after failure of his claim for asylum, saying that this would have serious adverse consequences to his mental health, infringing his rights under article 8. He appealed the respondent’s certificate that his claim was . .
Lists of cited by and citing cases may be incomplete.
Immigration, Human Rights
Updated: 09 May 2022; Ref: scu.224884