Bhojwani v. United Kingdom [2016] 1 JLR 489 (12 July 2016)
- Citation
- [2016] 1 JLR 489
- Status
- Judgment
- Jurisdiction
- Jersey
- Posture
- Human Rights Application / Decision on Admissibility
More details
- Posture
- Human Rights Application / Decision on Admissibility
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
It is insufficient to challenge a measure on non-ECHR grounds; the Convention complaint must be raised before domestic courts to satisfy the exhaustion requirement under Article 35.
Court disposition
Application inadmissible
Orders
- Application dismissed for failure to exhaust domestic remedies
02
Material facts
Parties
Bhojwani
ApplicantUnited Kingdom
Respondent03
Procedural history
Posture
Human Rights Application / Decision on Admissibility
04
Questions and positions
Legal issues
Whether the applicant exhausted all domestic remedies as required by Article 35 of the ECHR
Party arguments
- Applicant
- Applicant challenged a measure but did not raise the Convention complaint before domestic courts.
- Respondent
- Respondent argued that the applicant failed to exhaust domestic remedies as required by Article 35 of the ECHR.
05
Court’s reasoning
Legal principles
- 01
European Convention on Human Rights, Article 35
Article 35 of the ECHR requires applicants to exhaust all domestic remedies and to raise Convention complaints before domestic courts.
06
Ratio, limits and disposition
Ratio decidendi
It is insufficient to challenge a measure on non-ECHR grounds; the Convention complaint must be raised before domestic courts to satisfy the exhaustion requirement under Article 35.
Court disposition
Application inadmissible
- Application dismissed for failure to exhaust domestic remedies
Source and reliance status
Official court record
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
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Court record
Judgment
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