Regina (Gavira) v Secretary of State for the Home Department: QBD 15 May 2001

The procedure whereby the Secretary of State could certify that an asylum seeker’s claim did not disclose a valid ground, did not allow the Secretary to issue a certificate which depended upon a denial of the truth of the applicant’s claim. Where the claim asserted that the asylum-seeker had a fear of prosecution based upon facts which, if true, would bring her claim within the United Nations Convention, was a claim showing a fear of prosecution. The use of the procedure relying upon the disbelief of the applicant was quite unreasonable.

Citations:

Times 15-May-2001

Immigration, Judicial Review

Updated: 09 April 2022; Ref: scu.85969