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Regina (Javed) v Secretary of State for the Home Department and Another etc: CA 24 May 2001

References: Times 24-May-2001, Gazette 21-Jun-2001, [2002] QB 129
The fact that subordinate legislation had been enacted by affirmative resolution of both Houses of Parliament, did not make a decision made under that regulation immune from challenge in the courts. The question of whether a country was in general safe, was a matter of fact and for rational judgement. The Secretary made the decision, and a challenge was to that decision, and not to Parliament. It was possible that the applicants might bring sufficient evidence to show that a large part of the general population of Pakistan was not safe. If that was established then the court would have power to set aside a designation made by the Secretary under the Act.
Statutes: Asylum (Designated Countries of Destination and Designated Safe Countries) Order 1996 No 2671
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