An asylum seeker had been wrongly accused of riot and sought to sue for damages for malicious prosecution. The Home Secretary, a possible defendant in that action decided to expel the failed asylum seeker.
Held: Such an action was in breach of the principle of equality of arms enshrined in the treaty, and deprived the applicant of any opportunity to prepare and present his case. The Secretary should have considered these elements before ordering the deportation.
Citations:
Gazette 20-Jan-2000, Times 21-Jan-2000
Statutes:
Convention for the Protection of Human Rights and Fundamental Freedoms 1953 (1953 Cmd 8969), Civil Procedure Rules Rule 1.1(2)(a)
Cited by:
See Also – Quaquah v Group 4 Securities Ltd and Another QBD 27-Jun-2001
The claimant had been detained in an immigration detention centre. He complained of a malicious prosecution by the company, and against the secretary of state, in exercising a non-delegable duty to provide for his safety whilst in custody.
Lists of cited by and citing cases may be incomplete.
Administrative, Immigration
Updated: 09 April 2022; Ref: scu.85525
