Taskin, R (on the application of) v Secretary of State for the Home Department, Court of Appeal - Administrative Court, February 05, 2008, [2008] EWHC 256 (Admin)

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Taskin, R (on the application of) v Secretary of State for the Home Department, Court of Appeal - Administrative Court, February 05, 2008, [2008] EWHC 256 (Admin)

SMITH BERNAL WORDWAVE

CO/9869/2005

Neutral Citation Number: [2008] EWHC 256 (Admin)

IN THE HIGH COURT OF JUSTICE

QUEEN'S BENCH DIVISION

ADMINISTRATIVE COURT

Royal Courts of Justice

Strand

London WC2A 2LL

Tuesday, 5 February 2008

B e f o r e:

MR JUSTICE HOLMAN

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Between:

THE QUEEN ON THE APPLICATION OF MUSTAFA TASKIN

Claimant

v

THE SECRETARY OF STATE FOR THE HOME DEPARTMENT

Defendant

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Computer-Aided Transcript of the Stenograph Notes of

WordWave International Limited

A Merrill Communications Company

190 Fleet Street London EC4A 2AG

Tel No: 020 7404 1400 Fax No: 020 7831 8838

(Official Shorthand Writers to the Court)

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Mr P Richmond (instructed by Trott and Gentry, London N1 8EG) appeared on behalf of the Claimant

Mr P Greatorex (instructed by the Treasury Solicitor) appeared on behalf of the Defendant

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Judgment1. MR JUSTICE HOLMAN: I propose to allow this claim for judicial review for reasons which I will shortly explain. I wish, however, to stress that I do regard this as a very fact-specific decision. I do not intend, by the judgment which follows, in any way to give encouragement to attempts to mount fresh claims, in relation to failed asylum seekers from Turkey, in reliance upon the decision of an Immigration Tribunal in the case of Secretary of State for the Home Department re IK (Turkey CG) [2004] UKIAT 00312, which was no...

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