18 Apr 2011
CH v. DIRECTOR OF IMMIGRATION
- Citation
- CH v. DIRECTOR OF IMMIGRATION
- Court
- Court of Appeal
- Case number
- CACV59/2010
The Director's policies (refusing to investigate Art.3 claims while claimants remain lawfully on short visas and refusing extensions of stay under the extra immigration policy) are lawful: the Convention imposes a negative duty not to return persons to torture but does not mandate timing or confer any particular immigration status; the Director retains discretion, the policies are not absolute and contain sufficient flexibility to permit prompt investigatory steps where necessary, and the screening process must meet high standards of fairness; accordingly the appeals are dismissed.