R (Razgar) v SSHD [2003] EWCA Civ 840

The Secretary of State cannot lawfully certify that an immigration claim is manifestly unfounded unless the claim is bound to fail before an adjudicator; it it not enough that it is very likely to fail. All three claimants had already claimed asylum in safe European countries before claiming asylum again in the UK; the challenges to the Secretary of State's decisions were based on Article 3 and/or 8 and mental health consequences of removal.

Related cases

R (Razgar) v SSHD [2004] UKHL 27

Other

19th June 2003

Judge LJ, Dyson LJ, Pumfrey LJ

Mr Neil Garnham QC, Mr Michael Fordham and Ms Catherine Callaghan (instructed by Treasury Solicitors) for the Secretary of State for the Home Department

Mr Nicholas Blake QC and Mr Tublu Mukherjee (instructed by Messrs Clore & Co) for Mr Razgar

Ms Frances Webber (instructed by Messrs Bindman and Partners) for Ms Soumahoro

Mr Raza Husain (instructed by Messrs Winstanley Burgess) for Mr Nadarajah

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