HK (Sudan) v Secretary of State for the Home Department

HK (Sudan) v Secretary of State for the Home Department

The evidence of risk in Hungary, particularly the general statement from the Hungarian Helsinki Committee, was too vague and general to establish a real risk of Article 3 breach. The Secretary of State was entitled to certify the claim as manifestly unfounded.

Parties
Appellant/claimant: HK (Sudan); Respondent/defendant: Secretary of State for the Home Department
Jurisdiction
England and Wales
Judgment Date
03 November 2014
Procedural Posture
Judicial Review / Renewed Application for Permission to Appeal
Outcome
permission to appeal refused
Legal Topics
Article 3 ECHR, Degrading Treatment, Asylum, Removal to Safe Third Country
Human Rights Immigration Article 3 ECHR Degrading Treatment Asylum Removal to Safe Third Country

Case Brief

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Parties

HK (Sudan)

Appellant/claimant

Secretary of State for the Home Department

Respondent/defendant

Procedural Posture

Judicial Review / Renewed Application for Permission to Appeal

Legal Issues

  1. 1 Whether removal to Hungary would breach Article 3 of the European Convention on Human Rights due to alleged degrading treatment and risk of violence
  2. 2 Whether the Secretary of State was entitled to certify the claim as manifestly unfounded

Ratio Decidendi

The evidence of risk in Hungary, particularly the general statement from the Hungarian Helsinki Committee, was too vague and general to establish a real risk of Article 3 breach. The Secretary of State was entitled to certify the claim as manifestly unfounded.

Court Disposition

permission to appeal refused