Where a country was a signatory to the Convention, but chose to interpret it so as not to give the same protection against oppression by non-state agents which would be given here, the Home Secretary was wrong to certify such countries, in this case France and Germany, as safe countries in which the asylum seekers should first have made their applications.
Judges:
Lord Woolf MR, Laws, Mance LJJ
Citations:
Gazette 02-Sep-1999, Times 28-Jul-1999, [1999] EWCA Civ 1948, [1999] 4 All ER 774, [1999] COD 480, [1999] Imm AR 521, [1999] 3 WLR 1274, [1999] INLR 362
Links:
Statutes:
Convention and Protocol relating to the Status of Refugees 1951
Jurisdiction:
England and Wales
Citing:
Appeal from – Regina v Secretary of State for Home Department ex parte Lul Omar Adan Admn 24-Nov-1998
A country which had previously rejected an asylum application could nevertheless properly be a safe third country to which a asylum applicant could be deported. Germany is a country which would abide by its obligations under international treaties. . .
Cited by:
Appealed to – Regina v Secretary of State for Home Department ex parte Lul Omar Adan Admn 24-Nov-1998
A country which had previously rejected an asylum application could nevertheless properly be a safe third country to which a asylum applicant could be deported. Germany is a country which would abide by its obligations under international treaties. . .
Cited – EM (Eritrea), Regina (on The Application of) v Secretary of State for The Home Department SC 19-Feb-2014
SSHD must examine safety of country for return
The Court was asked: ‘Is an asylum seeker or refugee who resists his or her return from the United Kingdom to Italy (the country in which she or he first sought or was granted asylum) required to establish that there are in Italy ‘systemic . .
Approved – EM, Regina (on The Application of) v Secretary of State for The Home Department Admn 18-Nov-2011
The court considered whether it was safe to return the applicant to Italy, and said: ‘a system which will, if it operates as it usually does, provide the required standard protection for the asylum seeker will not be found to be deficient because of . .
Lists of cited by and citing cases may be incomplete.
Immigration
Updated: 31 May 2022; Ref: scu.146863
