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Public law and Regulation

Case reports and guidance on public law and professional regulation issues

02 MAR 2012

Kaur (on the application of) v Secretary of State for the Home Department [2011] EWHC 3565 (Admin)

Immigration – Certification – Clearly unfounded

The Defendant had erred in certifying the Claimant’s case as clearly unfounded when it had failed to consider the individual circumstances as opposed to the general picture.
19 December 2011
Administrative Court
Stephen Davis HHJ
(i) The Claimant sought to challenge the Defendant’s decision to certify her asylum and human rights claim as clearly unfounded, the effect of which was to deprive her of an in-country right of appeal against the rejection of her claim.

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