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Public law and Regulation

Case reports and guidance on public law and professional regulation issues

22 MAY 2012

R (on the application of Persad) v Secretary of State for Home Department [2012] All ER (D) 19 (May)

Immigration - Article 8 - Asylum - Clearly unfounded

The Court upheld the Secretary of State's determination that the Claimant's claim for asylum was clearly unfounded.

27 April 2012

Administrative Court

Waksman QC (judgment delivered extempore)

(1)        The Claimant was a South African national who had initially entered the UK on a holiday visa in 2006. She had been granted further leave to remain after establishing a relationship with S, an individual with leave to remain until January 2007. From December 2008, the Claimant was an overstayer, but S had been granted leave to remain until 2013. The Claimant applied for asylum after being served with enforcement papers in 2011. The Claimant contended that her removal would breach her rights under articles 3 and 8 of the European Convention on Human Rights. The claims were certified as clearly unfounded and she was removed to South Africa.

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