Razgar, R (on the application of) v Secretary of State for the Home Department

Razgar, R (on the application of) v Secretary of State for the Home Department

The Secretary of State cannot lawfully certify a human rights claim as manifestly unfounded unless it is bound to fail before an adjudicator. In all three cases, the applicants' claims under Article 3 and/or Article 8 ECHR were at least arguable on the evidence, and the Secretary of State failed to meet the high statutory threshold for certification. The certificates were therefore quashed.

Parties
Appellant/respondent: Secretary of State for the Home Department; Respondent/appellant: The Queen on the Application of Razgar; Respondent/appellant: The Queen on the Application of Soumahoro; Respondent/appellant: The Queen on the Application of Nadarajah
Jurisdiction
England and Wales
Judgment Date
19 June 2003
Procedural Posture
Judicial Review (immigration/human Rights) / Appeal From Administrative Court to Court of Appeal
Outcome
Appeals allowed (in Soumahoro and Nadarajah); appeal dismissed (in Razgar); certificates quashed in all three cases.
Legal Topics
Manifestly Unfounded Certification, Article 3 ECHR, Article 8 ECHR, Dublin Convention, Judicial Review Standards
Immigration Law Human Rights Law Administrative Law Manifestly Unfounded Certification Article 3 ECHR Article 8 ECHR Dublin Convention Judicial Review Standards

Case Brief

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Parties

Secretary of State for the Home Department

Appellant/respondent

The Queen on the Application of Razgar

Respondent/appellant

The Queen on the Application of Soumahoro

Respondent/appellant

The Queen on the Application of Nadarajah

Respondent/appellant

Procedural Posture

Judicial Review (immigration/human Rights) / Appeal From Administrative Court to Court of Appeal

Legal Issues

  1. 1 Whether the Secretary of State lawfully certified human rights claims as 'manifestly unfounded' under section 72(2)(a) of the Immigration and Asylum Act 1999 in the context of removal to EU states under the Dublin Convention, where Article 3 and/or Article 8 ECHR rights are alleged to be at risk.

Ratio Decidendi

The Secretary of State cannot lawfully certify a human rights claim as manifestly unfounded unless it is bound to fail before an adjudicator. In all three cases, the applicants' claims under Article 3 and/or Article 8 ECHR were at least arguable on the evidence, and the Secretary of State failed to meet the high statutory threshold for certification. The certificates were therefore quashed.

Court Disposition

Appeals allowed (in Soumahoro and Nadarajah); appeal dismissed (in Razgar); certificates quashed in all three cases.

Orders

  • Certificates issued under section 72(2)(a) of the Immigration and Asylum Act 1999 in all three cases are quashed.