Failed Roma asylum applicants challenged an order for their return to Lithuania. There had been family objections to the mixed marriage leaving them at risk of violence from the local mafia, and an order for their return would infringe their article 3 rights.
Held: The threshold of risk test which was to be applied in judging the claim was the same as would apply to testing an assertion of having a well founded fear of persecution. There is a ‘broad symmetry between the asylum test of a well-founded fear of persecution for an Asylum Convention reason and the Article 3 test of a real risk of exposure to ill treatment that it proscribes’
Judges:
Lord Justice Auld Lady Justice Arden The Lord Chief Justice Of England
Citations:
[2003] EWCA Civ 1605, Times 21-Nov-2003, Gazette 15-Jan-2004, [2004] 1 WLR 1207
Links:
Statutes:
European Convention on Human Rights 3
Jurisdiction:
England and Wales
Citing:
Appeal from – Bagdanavicius, Bagdanaviciene v the Secretary of State for Home Department Admn 16-Apr-2003
The applicants sought asylum, saying they had been subjected to repeated ill-treatment by Lithuanian Mafiosi. The claims were rejected as clearly unfounded, denying any right to an appeal.
Held: The court could examine the basis upon which the . .
Cited by:
Cited – E v Secretary of State for the Home Department etc CA 2-Feb-2004
The court was asked as to the extent of the power of the IAT and Court of Appeal to reconsider a decision which it later appeared was based upon an error of fact, and the extent to which new evidence to demonstrate such an error could be admitted. . .
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 . .
Cited – LD (Algeria) v Secretary of State for the Home Department CA 1-Jul-2004
The claimant arrived in England on a six month pass. He then applied for asylum, but his claim was rejected. He later resisted an attempt to remove him on human rights grounds. The court considered the guidance from the Immigration Appeal Tribunal . .
Appeal from – Bagdanavicius and Another, Regina (on the Application of) v HL 26-May-2005
The claimants said they had been subjected to harassment and violence from non-state agents in their home country of Lithuania, and sought asylum.
Held: It was for the person claiming the protection of the Convention provisions for . .
Cited – Fornah v Secretary of State for the Home Department CA 9-Jun-2005
The applicant sought refugee status, saying that if returned home to Sierra Leone, she would as a young woman be liable to be circumcised against her will.
Held: Female sexual mutilation ‘is an evil practice internationally condemned and in . .
Lists of cited by and citing cases may be incomplete.
Immigration, Human Rights
Updated: 03 July 2022; Ref: scu.187720