Whether or not the claimant can successfully challenge the defendant’s decision to certify her human rights claim as clearly unfounded. Her case is that it is at least arguable that the best interests of her child, which she says lie in remaining in the UK rather than being returned to Nigeria, outweigh any other relevant considerations, specifically the need to maintain effective immigration control, when deciding whether or not the claimant and her daughter should be returned to Nigeria. The practical importance of the issue is of course that if the claimant is right in her argument, then she is entitled to exercise a right of appeal in the UK against the adverse decision by the defendant.
Judges:
His Honour Judge Stephen Davies
(Sitting as a Judge of the High Court)
Citations:
[2012] EWHC 2386 (Admin)
Links:
Jurisdiction:
England and Wales
Immigration
Updated: 07 June 2022; Ref: scu.463789