Veerasingam v SSHD

Veerasingam v SSHD

Given the claimant's accepted history of prolonged detention, his brother's LTTE membership, and the current deteriorating security situation in Sri Lanka, there is a realistic prospect that an immigration judge would find a real risk of persecution or Article 3 ill-treatment on return. The Secretary of State's decisions to the contrary are unreasonable and must be quashed.

Parties
Claimant: Veerasingam; Defendant: SSHD
Jurisdiction
England and Wales
Judgment Date
11 December 2008
Procedural Posture
Judicial Review / Judgment After Substantive Hearing
Outcome
Claim allowed; Secretary of State's decisions quashed
Legal Topics
Asylum, Refugee Status, Article 3 ECHR, Judicial Review, Fresh Claims, Country Guidance
Immigration Law Human Rights Law Asylum Refugee Status Article 3 ECHR Judicial Review Fresh Claims Country Guidance

Case Brief

Summary, issues, holding and outcome

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Parties

Veerasingam

Claimant

SSHD

Defendant

Procedural Posture

Judicial Review / Judgment After Substantive Hearing

Legal Issues

  1. 1 Whether the claimant's fresh representations amounted to a fresh asylum claim under paragraph 353 of the Immigration Rules HC 395
  2. 2 Whether there is a realistic prospect of success before an immigration judge that the claimant faces a real risk of persecution or Article 3 ill-treatment if returned to Sri Lanka

Ratio Decidendi

Given the claimant's accepted history of prolonged detention, his brother's LTTE membership, and the current deteriorating security situation in Sri Lanka, there is a realistic prospect that an immigration judge would find a real risk of persecution or Article 3 ill-treatment on return. The Secretary of State's decisions to the contrary are unreasonable and must be quashed.

Court Disposition

Claim allowed; Secretary of State's decisions quashed

Orders

  • The Secretary of State's decisions refusing to treat the claimant's representations as a fresh claim are quashed.
  • Further relief to be considered if not agreed by counsel.