The court considered the circumstances under which a certificate that an asylum claim was clearly unfounded could be issued: ‘[In considering s115] the decision maker will (i) consider the factual substance and detail of the claim (ii) consider how it stands with the known background data (iii) consider whether in the round it is capable of belief (iv) if not, consider whether some part of it is capable of belief (v) consider whether, if eventually believed in whole or in part, it is capable of coming within the refugee convention. If the answers are such that the claim cannot on any legitimate view succeed, than the claim is clearly unfounded; if not, not.’ (para 57).’
Judges:
Lord Phillips of Worth Matravers MR
Citations:
[2003] 1 ALL ER 1062, [2003] 1 WLR 1230
Jurisdiction:
England and Wales
Cited by:
Cited – Atkinson, Regina (on the Application of) v Secretary of State for the Home Department Admn 10-Oct-2003
. .
Cited – Atkinson v Secretary of State for the Home Department CA 5-Jul-2004
The applicant sought judicial review of the respondent’s certification under s94 that his cliam for asylum was hopeless. He said that he had acted as an informer against criminal gangs in Jamaica, and that the state of Jamacia could not provide him . .
Lists of cited by and citing cases may be incomplete.
Immigration
Updated: 09 May 2022; Ref: scu.199264