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Public law and Regulation

Case reports and guidance on public law and professional regulation issues

02 MAR 2012

MK, R (on the application of) v Secretary of State for Home Department [2012] EWHC 18 (Admin)

Immigration – Certification – Asylum – Article 8 – Reasons

The Defendant was entitled to certify the Claimant’s asylum case as clearly unfounded, and sufficient reasons were given to the Claimant. An Article 8 ECHR claim on the basis of a relationship with an adult sibling could not succeed.
16 January 2012
Administrative Court
Burnett J
(i) The Claimant, a Pakistani national, challenged the Defendant’s decision to certify her asylum case as clearly unfounded pursuant to section 94(2) of the Nationality, Immigration and Asylum Act 2002. The Claimant submitted that due to the activities of her brother-in-law, she was vulnerable to attack in Karachi, and could not be protected by the authorities. She further claimed it would be a breach of her Article 8 ECHR rights to remove her. The Claimant submitted that inadequate reasons had been given to her by the Defendant.

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