Mekshi, R (on the application of) v Secretary Of State For Home Department [2002] EWCA Civ 217 (6 February 2002)

Mekshi, R (on the application of) v Secretary Of State For Home Department [2002] EWCA Civ 217 (6 February 2002)

The applicant's treatment in Kosovo did not amount to torture as a matter of law or fact, and the medical evidence did not establish that returning him would breach Article 3 ECHR. The special adjudicator's conclusions were reasonable and lawful. There was no error in refusing permission for judicial review or in declining exceptional leave to remain.

Citation
[2002] EWCA Civ 217
Parties
Claimant/applicant: Agim Mekshi; Defendant/respondent: Secretary of State for the Home Department
Jurisdiction
England and Wales
Judgment Date
06 February 2002
Procedural Posture
Judicial Review (asylum/human Rights) / Application for Permission to Appeal (post Refusal of Permission for Judicial Review)
Outcome
Permission to appeal refused
Legal Topics
Asylum, Article 3 ECHR, Torture, Medical Evidence in Asylum Claims, Exceptional Leave to Remain
Immigration Law Human Rights Law Administrative Law Asylum Article 3 ECHR Torture Medical Evidence in Asylum Claims Exceptional Leave to Remain

Case Brief

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Parties

Agim Mekshi

Claimant/applicant

Secretary of State for the Home Department

Defendant/respondent

Procedural Posture

Judicial Review (asylum/human Rights) / Application for Permission to Appeal (post Refusal of Permission for Judicial Review)

Legal Issues

  1. 1 Whether the applicant's treatment in Kosovo amounted to torture under Article 3 ECHR
  2. 2 Whether the United Kingdom would breach Article 3 ECHR by returning the applicant to Kosovo given his medical condition
  3. 3 Whether the special adjudicator erred in law in upholding the Secretary of State's certification and rejecting the asylum claim

Ratio Decidendi

The applicant's treatment in Kosovo did not amount to torture as a matter of law or fact, and the medical evidence did not establish that returning him would breach Article 3 ECHR. The special adjudicator's conclusions were reasonable and lawful. There was no error in refusing permission for judicial review or in declining exceptional leave to remain.

Court Disposition

Permission to appeal refused

Orders

  • Applications refused
  • Application for public funding adjourned to be decided on paper on receipt of a representation order