Regina v Home Secretary, Ex parte Thavathevathasan: CA 1994

The court discussed the task of a Special Adjudicator: ‘Clearly the Special Adjudicator is not bound by the Home Secretary’s certificate. In other words, he does not merely wield a rubber stamp. He must consider whether, on the material before the Home Secretary, and on any other material before him (if it is proper for him to admit any) the conclusion which the Home Secretary reached is justified. The adjudicator, in other words, is bound to consider the issue which he has to determine on its merits.’
Glidewell LJ
[1994] Imm AR 249
England and Wales
Cited by:
CitedRegina v Secretary of State for the Home Department Ex Parte Abdi, Same v Same, Ex Parte Gawe HL 15-Feb-1996
Two Somali nationals were refused asylum and sought to challenge a decision rejecting their claim that to be sent to Spain would be contrary to the United Kingdom’s obligations under the Geneva Convention of 1951.
Held: Adjudicators are . .

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Updated: 09 April 2021; Ref: scu.219246