The appellants, children from Afghanistan whose asylum claims had been rejected, challenged the sufficiency of the appellate process, and the respondents obligations for family tracing.
Held: The appeals failed. An applicant could not claim, after an unsuccessful statutory appeal after he had become 17, that the Home Secretary’s failures properly to investigate his claim with the absence of possible evidence in his favour should lead to a presumption of credibility in his favour.
The principle established in the case of Ravichandran is sound; asylum appeals should be determined by reference to the situation at the time of the appellate decision rather than by reference to the situation at the time of the original decision, and with no presumption of credibility.
Lord Neuberger, President, Lady Hale, Deputy President, Lord Wilson, Lord Hughes, Lord Toulson
[2015] UKSC 40, [2015] Imm AR 1162, [2015] WLR(D) 272, [2015] 4 All ER 34, [2015] INLR 647, [2015] 1 WLR 3083, UKSC 2014/0047
Bailii, Bailii Summary, WLRD, SC, SC Summary, SC Video summary
Directive 2003/9/EC, Directive 2005/85/EC
England and Wales
Citing:
At first instance – TN v Secretary of State for The Home Department Admn 16-Dec-2011
‘The claimant, an unaccompanied child, challenges the Secretary of State’s decision of 12 November 2010 refusing his claim for asylum and for humanitarian protection and granting him discretionary leave to remain in the United Kingdom for a shorter . .
Appeal from – AA (Afghanistan) v Secretary of State for The Home Department CA 11-Dec-2013
. .
Appeal from – TN (Afghanistan) and Another v Secretary of State for The Home Department CA 12-Dec-2013
The applicants had arrived in the UK as minors fleeing Afghanistan. They now challenged grant of a discretionary leave to remain limited to expire withiin one year. . .
Cited – Samba Diouf v Minister of Labour, Employment and Immigration ECJ 28-Jul-2011
ECJ Directive 2005/85/EC – Minimum standards on procedures in Member States for granting and withdrawing refugee status – ‘Decision taken on [the] application for asylum’ within the meaning of Article 39 of . .
Cited – Vilvarajah and Others v The United Kingdom ECHR 30-Oct-1991
Five Tamils were refused asylum in the UK and returned to Sri Lanka but then continued to suffer ill-treatment. Their complaints to Strasbourg were rejected under both Articles 3 and 13, but with regard to Article 3, it held: ‘108. The court’s . .
Cited – FA (Iraq) v Secretary of State for The Home Department CA 18-Jun-2010
The claimant had applied both for asylum and humanitarian protection. Both claims had been rejected, but he was given leave to stay in the UK for a further year. He now sought to appeal not only against the rejection of the asylum claim but also the . .
Cited – Samba Diouf v Minister of Labour, Employment and Immigration ECJ 28-Jul-2011
ECJ Directive 2005/85/EC – Minimum standards on procedures in Member States for granting and withdrawing refugee status – ‘Decision taken on [the] application for asylum’ within the meaning of Article 39 of . .
Cited – KA (Afghanistan) and Others v Secretary of State for The Home Department CA 25-Jul-2012
Child asylum applicants will be treated as young people and their whole history will be considered. . .
Cited – Vadim Schmidt v Rosewood Trust Limited PC 27-Mar-2003
PC (Isle of Man) The petitioner sought disclosure of trust documents, as a beneficiary. Disclosure had been refused as he had not been a named beneficiary.
Held: Times had moved on, and trust documents had . .
Cited – Bensaid v The United Kingdom ECHR 6-Feb-2001
The applicant was a schizophrenic and an illegal immigrant. He claimed that his removal to Algeria would deprive him of essential medical treatment and sever ties that he had developed in the UK that were important for his well-being. He claimed . .
Cited – D v The United Kingdom ECHR 2-May-1997
The applicant, an AIDS sufferer, resisted his removal to St Kitts where lack of medical treatment would hasten his death.
Held: The deportation of a convicted person suffering from Aids to a country with less care facilities was inhuman or . .
Lists of cited by and citing cases may be incomplete.
Immigration
Updated: 01 January 2022; Ref: scu.549437