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

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

Officials were entitled to conclude, in the absence of independent evidence of torture at the time of detention, that the appellant's case was suitable for the fast track procedure. A mere assertion of torture does not require a medical examination before detention, and the detention was lawful under the published policy and statutory framework.

Parties
Appellant: HK Turkey; Respondent: SSHD
Jurisdiction
England and Wales
Judgment Date
19 December 2007
Procedural Posture
Civil Appeal / Judgment on Appeal From High Court
Outcome
appeal dismissed
Legal Topics
Asylum Procedure, Detention Policy, Administrative Law, Judicial Review
Immigration Law Public Law Asylum Procedure Detention Policy Administrative Law Judicial Review

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 8 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

HK Turkey

Appellant

SSHD

Respondent

Procedural Posture

Civil Appeal / Judgment on Appeal From High Court

Legal Issues

  1. 1 Whether the appellant's detention under the fast track procedure was unlawful due to failure to follow published policy regarding torture victims
  2. 2 Whether the respondent was under a duty to obtain independent medical evidence before detaining the appellant

Ratio Decidendi

Officials were entitled to conclude, in the absence of independent evidence of torture at the time of detention, that the appellant's case was suitable for the fast track procedure. A mere assertion of torture does not require a medical examination before detention, and the detention was lawful under the published policy and statutory framework.

Court Disposition

appeal dismissed