England and Wales Case Law

Ferdi Colak v Government of Türkiye

Permission to appeal is granted solely on the narrow issue of whether the Yalvac Assurances must address the Appellant’s guaranteed retrial rights (including in-person attendance and personal space) to satisfy Article 3 ECHR, as it is reasonably arguable that such assurances are legally necessary. Permission is refused on all other grounds, as the Judge’s findings on discrimination, abuse of process, and mental health oppression were not arguably wrong nor undermined by fresh evidence.

Source excerpt

• Article 3 echr
• Article 6 echr
• Mental health and extradition
• Specialty principle
• Abuse of process
• Discrimination (ethnicity, religion, political opinion)

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

The Secretary of State did not breach Article 3 ECHR operational or systems duties, as all reasonable steps were taken to facilitate clinical assessment and treatment for HIV in detention. Detention was lawful under Hardial Singh principles and Article 5 ECHR until 1 June 2024, but became unlawful thereafter due to lack of realistic prospect of removal within a reasonable period following relisting of the appeal. The Secretary of State did not fail to comply with published policies or commit public law errors.

Source excerpt

• Immigration detention
• Article 3 echr
• Article 5 echr
• Hardial singh principles
• Adults at risk policy
• Hiv treatment in detention

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GRT v Ministry of Justice, Republic of Albania

The DJ was entitled to reject the appellant's account and Dr Cohen's evidence, given inconsistencies and lack of corroboration. The CPT report did not establish a strong enough case to rebut the presumption of adequate treatment or demonstrate a real risk of inhuman or degrading treatment in Albanian prisons. Updated medical evidence did not show a diagnosis or treatment need beyond anxiety and depression manageable in general custody. The high threshold for bars to extradition under sections 87 and 91 was not met.

Source excerpt

• Article 3 echr
• Mental health in extradition
• Prison conditions
• Sexual offences
• Oppression under section 91 extradition act

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AY v The Secretary of State for the Home Department

The Tribunal dismissed AY’s asylum, humanitarian protection and human rights appeal, finding he had not proved Eritrean nationality and therefore could not establish risk on return.

• Nationality assessment
• Credibility
• Refugee convention
• Humanitarian protection
• Article 2 echr
• Article 3 echr

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SJ v The Secretary of State for the Home Department

The Tribunal dismissed SJ’s asylum, humanitarian protection and Article 8 appeal, finding he had not shown he was Gambian and was instead a citizen of Guinea.

• Protection claim
• Nationality dispute
• Humanitarian protection
• Article 3 echr
• Article 8 echr
• Internal relocation

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MZ v The Secretary of State for the Home Department

The Tribunal dismissed an asylum and human rights appeal by an Iranian claimant said to have converted to Christianity, finding his conversion account not credible.

• Refugee convention
• Humanitarian protection
• Conversion to christianity
• Risk on return to iran
• Article 2 echr
• Article 3 echr

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EN v The Secretary of State for the Home Department

The First-tier Tribunal dismissed EN’s appeal on asylum, humanitarian protection and human rights grounds, finding no proven political risk, medical Article 3 claim, or Article 8 breach.

• Refugee convention
• Humanitarian protection
• Article 3 echr
• Article 8 echr
• Private life
• Medical claim

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TH v The Secretary of State for the Home Department

The Tribunal dismissed TH’s asylum, humanitarian protection, and human rights appeal, finding he had not displaced the earlier finding that he was Ethiopian.

• Nationality credibility
• Refugee convention protection claim
• Humanitarian protection
• Article 3 echr
• Article 8 echr
• Anonymity direction

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WA v The Secretary of State for the Home Department

The First-tier Tribunal dismissed a Syrian asylum and human rights appeal, finding the new risk documents unreliable and no real risk on return.

• Refugee status
• Humanitarian protection
• Article 3 echr
• Article 8 echr
• Credibility
• Section 8 credibility

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NC v The Secretary of State for the Home Department

The tribunal dismissed NC’s asylum, humanitarian protection and human rights appeal, finding no real risk on return to Bangladesh and no Article 8 breach.

• Refugee convention
• Humanitarian protection
• Article 8 echr
• Article 2 echr
• Article 3 echr
• Anonymity order

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