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