Guveya, R (on the application of) v National Asylum Support Service

Guveya, R (on the application of) v National Asylum Support Service

The Secretary of State was entitled to conclude it was reasonable for the claimant to return voluntarily to Zimbabwe; refusal to provide support did not misapply the Hard Cases Support policy nor breach Article 3 ECHR.

Parties
Claimant: Guveya; Defendant: National Asylum Support Service
Jurisdiction
England and Wales
Judgment Date
30 July 2004
Procedural Posture
Judicial Review / Final Judgment
Outcome
application dismissed
Legal Topics
Asylum Support, Policy Application, Article 3 ECHR, Statutory Interpretation
Immigration Human Rights Administrative Law Asylum Support Policy Application Article 3 ECHR Statutory Interpretation

Case Brief

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Parties

Guveya

Claimant

National Asylum Support Service

Defendant

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the Secretary of State misapplied the Hard Cases Support policy under section 4 of the Immigration and Asylum Act 1999
  2. 2 Whether refusal of support breaches a positive obligation under Article 3 of the European Convention on Human Rights
  3. 3 Whether the claimant's refusal to return voluntarily to Zimbabwe is reasonable

Ratio Decidendi

The Secretary of State was entitled to conclude it was reasonable for the claimant to return voluntarily to Zimbabwe; refusal to provide support did not misapply the Hard Cases Support policy nor breach Article 3 ECHR.

Court Disposition

application dismissed

Orders

  • application for judicial review dismissed
  • permission to appeal refused