18 Apr 2011
BK v. DIRECTOR OF IMMIGRATION AND ANOTHER
- Citation
- BK v. DIRECTOR OF IMMIGRATION AND ANOTHER
- Court
- Court of Appeal
- Case number
- CACV60/2010
The Court held the Director's policy lawful: the Convention does not require claimants to be granted any particular immigration status or that processing must begin while claimants are lawfully present; what is required is that no person be returned until their Article 3 claim is finally determined according to high standards of fairness. The published policy is sufficiently flexible to permit prompt investigation and medical examination where necessary and does not unlawfully fetter the Director's discretion; accordingly the refusals and policy did not render the decisions unlawful in these…