Hadiova v Secretary of State for the Home Department [2003] EWCA Civ 701 (09 May 2003)

Hadiova v Secretary of State for the Home Department [2003] EWCA Civ 701 (09 May 2003)

Removal of the appellant to the Czech Republic does not breach Article 8 ECHR where the alleged interference arises from treatment in the receiving state that does not reach the threshold of Article 3, and where the state provides mechanisms for protection and complaint. The evidence did not establish a well-founded fear of persecution or a breach of Articles 3 or 14 ECHR, nor did it show that the Czech authorities were unwilling or unable to provide protection.

Citation
[2003] EWCA Civ 701
Parties
Claimant/appellant: Alena Hadiova; Defendant/respondent: Secretary of State for the Home Department
Jurisdiction
England and Wales
Judgment Date
09 May 2003
Procedural Posture
Appeal From Immigration Appeal Tribunal / Court of Appeal (civil Division) Judgment
Outcome
Appeal dismissed; renewed application for permission to appeal refused.
Legal Topics
Asylum, Refugee Convention, European Convention on Human Rights, Article 3 ECHR, Article 8 ECHR, Article 14 ECHR, Persecution by Non State Agents, State Protection, Discrimination
Immigration Law Human Rights Law Asylum Refugee Convention European Convention on Human Rights Article 3 ECHR Article 8 ECHR Article 14 ECHR +3 more

Case Brief

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Parties

Alena Hadiova

Claimant/appellant

Secretary of State for the Home Department

Defendant/respondent

Procedural Posture

Appeal From Immigration Appeal Tribunal / Court of Appeal (civil Division) Judgment

Legal Issues

  1. 1 Whether removal of the appellant to the Czech Republic would breach Article 8 ECHR
  2. 2 Whether the appellant established a well-founded fear of persecution under the Refugee Convention
  3. 3 Whether the appellant's treatment amounted to a breach of Article 3 ECHR

Ratio Decidendi

Removal of the appellant to the Czech Republic does not breach Article 8 ECHR where the alleged interference arises from treatment in the receiving state that does not reach the threshold of Article 3, and where the state provides mechanisms for protection and complaint. The evidence did not establish a well-founded fear of persecution or a breach of Articles 3 or 14 ECHR, nor did it show that the Czech authorities were unwilling or unable to provide protection.

Court Disposition

Appeal dismissed; renewed application for permission to appeal refused.

Orders

  • Appeal dismissed
  • Detailed assessment of the appellant's costs