Ay, R (on the application of) v Secretary of State for the Home Department, Court of Appeal - Administrative Court, March 21, 2003, [2003] EWHC 569 (Admin)

Extract

---

Ay, R (on the application of) v Secretary of State for the Home Department, Court of Appeal - Administrative Court, March 21, 2003, [2003] EWHC 569 (Admin)

Case No: CO 3468-02

Neutral Citation: [2003] EWHC 569 (Admin)

IN THE HIGH COURT OF JUSTICE

QUEENS BENCH DIVISION

ADMINISTRATIVE COURT

Royal Courts of Justice

Strand,

London, WC2A 2LL

Friday 21st March 2003

Before :

THE HONOURABLE MR JUSTICE HOOPER

- - - - - - - - - - - - - - - - - - - - -

Between :

- - - - - - - - - - - - - - - - - - - - -

(Transcript of the Handed Down Judgment of

Smith Bernal Wordwave Limited, 190 Fleet Street

London EC4A 2AG

Tel No: 020 7421 4040, Fax No: 020 7831 8838

Official Shorthand Writers to the Court)

- - - - - - - - - - - - - - - - - - - - -

Andrew Nicol QC and Hugh Southey (instructed by Wilson & Co) for the Claimant

Ashley Underwood QC (instructed by The Treasury Solicitors) for the Defendant

- - - - - - - - - - - - - - - - - - - - -

Judgment

Mr Justice Hooper:

1. This is an application for judicial review, permission having been granted by the Court of Appeal (Keene LJ). The challenge is now to the continued maintenance of the defendant's certificate under section 72(2)(a) of the Immigration and Asylum Act 1999 (``the Act'').

2. The claimant, an asylum seeker of Turkish nationality and of Kurdish origin, makes the allegation that her removal to Germany by the defendant pursuant to the provisions of section 11 of the Act and of the Dublin Convention would be a breach of Article 8 of the ECHR. The defendant certified and continues to certify that this allegation is manifestly unfounded.

3. Section 11 authorises the removal to a member state which has accepted it is the responsible state in relation to a person's claim for asylum, of a person ``who has made a claim for asylum. If a certificate under section 72(2)(a) has been issued in relation to that person, such a person may be removed even though he has an appeal under section 65 of the Act against the decision to remove him. Any appeal must be brought from outside the United Kingdom.

4. Section 65 entitles a person to appeal to an adjudicator a decision by the defendant under the Immigration Acts ``relating to that person's entitlement to enter or remain in the United Kingdom'' on the grounds that the defendant, in taking the decision, has acted in breach of that person's human rights, by acting in a way which is made unlawful by section 6(1) of the Human Rights Act 1998. It was agreed at the outset of the hearing tha...

See the full content of this document

---