Koceku, R (on the application of) v Secretary of State for Home Department, Court of Appeal - Administrative Court, July 24, 2003, [2003] EWHC 2063 (Admin)

Reporting Judge: [2003] EWHC 2063 (Admin)

President: Koceku, R (on the application of) v Secretary of State for Home Department

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Koceku, R (on the application of) v Secretary of State for Home Department, Court of Appeal - Administrative Court, July 24, 2003, [2003] EWHC 2063 (Admin)

SMITH BERNAL WORDWAVE

CO/1990/2003

Neutral Citation Number: [2003] EWHC 2063 Admin

IN THE HIGH COURT OF JUSTICE

QUEEN'S BENCH DIVISION

THE ADMINISTRATIVE COURT

Royal Courts of Justice

Strand

London WC2

Thursday, 24 July 2003

B E F O R E:

MR JUSTICE NEWMAN

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THE QUEEN ON THE APPLICATION OF NEZIR KOCEKU

(CLAIMANT)

-v-

SECRETARY OF STATE FOR HOME DEPARTMENT

(DEFENDANT)

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Computer-Aided Transcript of the Stenograph Notes of

Smith Bernal Wordwave Limited

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 T R SMITH appeared on behalf of the CLAIMANT

MR A MCCULLOUGH AND MISS K GALLAFENT appeared on behalf of the DEFENDANT

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J U D G M E N T

(As Approved by the Court)

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1. MR JUSTICE NEWMAN: I granted permission in this case on 7 May 2003. The challenge is to the Secretary of State's certification under section 94(3) of the Nationality and Asylum Act 2002. The decision is contained in a letter dated 11 April 2003.

2. The claimant is a citizen of Albania. At the date of the decision letter, Albania had been added to the list of countries in section 94(4) of the 2002 Act. Accordingly, following section 94(3):

"If the Secretary of State is satisfied that an asylum claimant or human rights claimant is entitled to reside in a State listed in subsection (4) he shall certify the claim under subsection (2) unless satisfied that it is not clearly unfounded."

3. There is no dispute about the approach to be adopted by the Secretary of State. It is set out in ZL & VL v Secretary of State for the Home Department [2003] EWCA Civ 25 where, as material, the points are as follows:

4. (1): that inclusion in section 94(4) does not establish that there is no risk of a breach of Convention ...

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