header-logo header-logo

27 November 2009
Issue: 7395 / Categories: Case law , Law digest
printer mail-detail

Asylum

R (on the application of EW) v Secretary of State for the Home Department [2009] EWHC 2957 (Admin)

The issue before the court concerned whether, having regard to the Italian immigration system and the conditions in that state generally, the secretary of state’s decision to certify an asylum claim, and thus the obligation then to transfer the asylum seeker to Italy, involved a breach of Art 3 of the European Convention on Human Rights.

The court held that there was no general right to accommodation or a minimum standard of living that could be drawn from the convention or the Directives, or from elsewhere in the European or domestic human rights, social or other legislation.

The setting of such a minimum standard—no matter how low—was a matter for social legislation, not the courts. The court had to adopt a cautious approach to ensure that it did not inappropriately encroach into areas reserved to the political decision of the executive government.

 

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

HFW—Nelson Wang

HFW—Nelson Wang

HFW strengthens global insurance practice and Greater China offering with London Partner hire

Burges Salmon—David McEwing

Burges Salmon—David McEwing

Burges Salmon boosts Energy and Utilities practice with appointment of David McEwing

Browne Jacobson—Alexander Studholme

Browne Jacobson—Alexander Studholme

Browne Jacobson adds international construction arbitration partner in London push

NEWS
A former senior judge has warned peers against scrapping juries for fraud and financial crimes, ahead of the Courts and Tribunals Bill’s second reading in the House of Lords this week
Civil practitioners face changes spanning debt recovery, workplace harassment and possession claims, alongside guidance on insolvency challenges and children proceedings

Finding matrimonial wealth is as challenging as dividing it, as family disputes draw practitioners into asset tracing, offshore structures and insolvency

Agreement between opponents offers no guarantee that a court will approve a retrospective increase to a costs budget
Climate change belongs on every lawyer’s agenda, with risks extending far beyond environmental practice into commercial advice, litigation and access to justice
back-to-top-scroll